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CATE OF SERVICE
[Rule 62(b), R les Proc.; Code Civ. Proc., 1013a(4)]
I am a Case Administrator of the St e Bar Court. I am over the age of eighteen and not a party to
the within proceeding. Pursuant to
on February 6,2008, I deposited a t
[XJ
by first-dass mail,
with p
{X]
89503
addressed as follows:
, Enforcement, San Francisco
I hereby certify that the foregoing i true and correct. Executed in Los Angeles, California, on
February 6, 2008.
Certificate
of Service. wpt
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f Bar Examiners
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THE STATE BAR COURT
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REVIEW DEPARTMENT
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In the Matter of
ZACHARY B. COUGHLIN
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A
B
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t=m= e
a
r A lica:nt.
+-
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_________
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To: The Honorable J Ann Remke,Presiding Judge, the Associate Judges of the Review
Department of the State Bar
Since the Hearing De artment decision was-issued in thinnatter back on August 20,
2007,applicant has made va ious unsuccessful attempts to obtain review without paying the
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transcript costs (either by ha ing the costs waived or by seeking summary review in a case that
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r 5, 2007, this Court ordered that the request for review would be
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dismissed unless applicant p id the transcript costs within fifteen days.
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By Order filed Nove
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On January 3,2007, fter applicant filed more papers,this Court issued an Order giving
applicant until January 14,2 08 to tender the costs.
Now,applicant has fil d for reconsideration again seeking summary review. That
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Applicant has also su mitted a letter that apparently enclosed the transcript costs.
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However,given that the letter was posted in Reno on January 14,2008 it is doubtful that the
check was received by the St e Bar Court Clerk prior to the expiration of the January 14,2008
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Also,applicant's chec
requests that the check not be cashed "if there is no possibility that I will be certified for
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Admission to Practice Law in California." Under Rule IX,an applicant must re-take the Bar
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examination if he is not admi ed to practice within five years of taking the exam. Applicant
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stale. Even if he succeeds in his moral character proceeding,applicant would still have to
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Applicant was require to perfect his review request by September 14,2007 (rule
ar). It has been four additional months,and the transcripts have
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still not been ordered. Altho gh applicant is entitled to a fair opportunity for review,the
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Committee of Bar Examiners has a legitimate interest in completing these proceedings within a
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ORNIA
AL COUNSEL
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Dated:
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January
2008
B
R.
dman
g Trial Counsel
Attorneys for the Committee of Bar Examiners
DE
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employment is the State Bar f California, 180 Howard Street, San Francisco, California 94105,
declare that I am not a party t the within action; that I am readily familiar with the State Bar of
California's practice for colle tion and processing of correspondence for mailing with the United
States Postal Service; that in e ordinary course of the State Bar of California's practice,
correspondence collected and processed by the State Bar of California would be deposited with
the United States Postal Servo e that same day; that I am aware that on motion of party served,
service is presumed invalid i postal cancellation date or postage meter date on the envelope or
package is more than one day after date of deposit for mailing contained in the affidavit. That in
accordance with the practice fthe State Bar of California for collection and processing of mail,
I deposited or placed for colI ction and mailing in the City and County of San Francisco, on the
date shown below, a true cop of the within
OPPOSITION TO REQUE T FOR RECONSIDERATION OF DENIAL OF
APPLICANT'S REQUEST FOR SUMMARY REVIEW
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in a sealed envelope placed r collection and mailing at San Francisco, on the date shown
below, addressed to:
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Zachary R. Coughlin
945 West 12th Street
Reno, NV 89503
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in an inter-office mail facility regularly maintained by the State Bar of California addressed to:
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nla
I declare under penalty of per ury under the laws of the State of California that the foregoing is
true and correct. Executed at San Francisco, California, on the date shown below.
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SIGNED:
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Paula H. D'Oyen
Declarant
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Rule IX
CC'llds;
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'~RULE IX. Time Limitation for S'ltisfyln A
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The Comrruttcc shall n
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g dllllssion Requirements
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eccI\'e
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n,~gatJve
. and ole
RIX
' may make Applicant's
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Request for
Re\'~' u:relevant. Applicant requests that the S2.500 check for the cOSts of uansccipts not be cashed
jf t1us
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the case.
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\\D.ile the Order of Janu:u)" 3nl, 2008 allows for applicant to go fot\vard with a Plenary Review, no
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noonale
IS
prO\;ded for the denial of the Request for Summary Rcvicw, other than the Order staring
that "this maner 15 not appropriate for summary review". Applicant requests that the dcrnal of this
Summary Renew be reconsidered, or 10 the alternative, mat some supporting rationale be pro\ided for
why a Swnmary Re"ew is not appropriate where a Plenary Review has been granted.
:\ "dry" reckless dm;ng charge was the focal point of the State Bar's case. Judge McElroy'S
OpUllOO contalllS a heading that wrongly identifies this charge as a ({DUI conviction". Applicant sdf
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reponed the subscancc abuse issues brought forth in this case and undertook trcmendous efforts to
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iiddrcss these ISsues (submitnng o\rer an estimated 600 signatures from A.i\. meetings and lctters of
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rec!')lnmcndaaon from attorney's who have known the applicant for years and participated in his
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In the Matter of
ZACHARY COUGHLIN,
An Applicant for Admission.
No.06-M-13755
ORDER
------------------+------)
The court finds that this
therefore, applicant's request for ummary review is denied. As for his motion for late
filing of request for review, the
14, 2008 to tender the cost ofthe transcripts or his request for review will be dismissed.
No further extensions will be gr ted.
REMKE
Presiding Judge
I am a Case Administrator of the Sta Bar Court. I am over the age of eighteen and not a party to
the within proceeding. Pursuant to st ndard court practice, in the City and County of Los Angeles,
on January 3,2008, I deposited a tru copy of the following document(s):
[X]
by first-class mail, with post ge thereon fully prepaid, through the United States Postal
Service at LosAIlg~l~s, Califirnia, addressed as follows:
ZACHARY B. COU
945 W. 12TH ST.
RENO, NV 89503
[X]
by interoffice mail through a acility regularly maintained by the State Bar of California
addressed as follows:
Rosalie Ruiz
Case Administrator
State Bar Court
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THESTATEB
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COURT
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In the Matter of
ZACHARY B. COUGHLIN,
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) OPPOSITI N TO MOTION FOR LATE FILING OF
) REQUEST OR REVIEW; OPPOSITION TO
) REQUEST ORSLJMMARYREVIEW
12115
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)~<
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An Applicant for Admission.
_ _ _ _ _ _ _ _ _ _ _ _ _ ) (Rules Proc of State Bar, rules 301)
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To: The Review Department of the State Bar ourt: Applicant filed a motion for late
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filing of request review and request for summary revi w in this matter on or about November 28,
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2007. The State Bar opposes applicant's motion for ate filing of request for review on the basis
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that the motion is untimely and does not set forth go d cause. The State Bar moves to deny
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STATEMENT 0
1. On August 20, 2007, the Hearing Dep
Ie 308(e)(3).1
FACTS
nt issued a decision denying applicant's
application for admission to the State Bar of Califo .a on the basis that applicant currently
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1Unless otherwise noted, all further reference to the Rules of Procedure of the State Bar
of California will be referred to as "rule."
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lacked the requisite good moral character necessary or admission to the practice of law.
request for summary review. However, he did not s rve a copy of the request on the State Bar.
Accordingly, on September 18,2007, the Court issu d a notice of rejection of applicant's request
for review.
3. On September 27,2007, applicant filed a equest for review; request for summary
review. In the motion, applicant requested the folIo ing: "the costs for transcription be waived
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"only a request for review under rule 301." On the i sue of costs, the Court ordered as follows:
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"No good cause shown, applicant's request that the osts of the trial transcript be waived, or that
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he be given an extension oftime to pay pursuant to t e payment plan is denied." The Court
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further noted that applicant's request for review "wil be dismissed unless, within 15 days after
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service of this order;tne appIicanftenders the requir ddeposit and shows good cause why it was
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not timely paid, or shows good cause why other arra gements satisfactory to the court have not
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been made."
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5. On or about October 22,2007, applicant s bmitted a letter to the Court, stating: "I
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currently do not have the funds to pay for a trial tran cript. I do not have any means of being
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able to secure these funds in the near future. I ask th t the Review Department consider
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providing some option for a payment plan or waiver fthese fees." Applicant did not serve a
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6. By letter dated October 25,2007, the Cou notified applicant that his letter of October
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22, 2007 was not filed on the basis that his request w s not in the form of a written motion and
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was not served on the opposing party. Thereafter, ap lie ant did not file a motion demonstrating
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that he tendered the required deposit for the trial tran cripts and demonstrating good cause why
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the deposit was not timely paid, or otherwise provid good cause demonstrating why other
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7. On November 27,2007, the Court issued n order dismissing applicant's request for
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1 review, stating that applicant: "failed to tender the r quired deposit or show good cause why
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other arrangements have not been made. In fact, ap licant failed to file any response to the
8. On or about November 28,2007, applica t filed a motion for late filing of request for
review; request for summary review. On the issue 0 costs, applicant solely states as follows:
"Applicant was previously unable to afford the tran ription costs associated with a Request for
DISCUSS ON
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Pursuant to this Court's order of October 5, 007, applicant was required to file a motion
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by October 25,2007/ demonstrating that he tendere the required deposit for the trial transcripts
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and setting forlfigoo(lcausewny the costs were not imeiy paid, or otherwise provide good
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by October 25,2007. As a consequence of this failu e, the Court dismissed applicant's request
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Even assuming, arguendo, that the Court ha not dismissed this appeal on November 27,
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2007, applicant's motion for late filing should be dis issed since it does not comply with the
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Court's October 5, 2007 order. Specifically, applica t failed to demonstrate that he tendered the
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deposit for the trial transcripts and failed to set forth ood cause for his failure to timely do so.
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His unverified statement regarding his inability to af ord costs does not rise to the level of good
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cause.
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III
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2This represents fifteen (15) days from Octob r 5,2007, plus five days for mailing under
rule 63 and section 1o13 (a) of the Code of Civil Pro edure.
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Pursuant to the Court's October 5, 2007 ord r, applicant's September 27,2007 request
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SHOULD BE DISMISSED.
this rule and a request for review under rule 301 are imely filed in the same proceeding, the
matter shall proceed pursuant to rules 301-304, subj ct to subparagraph (2) othis paragraph."
As set forth above, applicant again filed a re uest for review at the same time as his
request for summary review. In accordance with rul 308(e)(3), if the matter is to go forward, it
should proceed pursuant to rules 301-304. Therefor, applicant's request for summary review
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findings. " (See rule 308(a).) In this matter, the Hea ng Department made adverse factual
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findings concerning applicant' s monil character. Sin e applicant would be bound by those
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adverse factual findings, he cannot demonstrate that e would prevail on summary review.
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Applicant's request for review is untimely an does not set forth good cause. Based on
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the foregoing, the State Bar respectfully requests that applicant's request for review; request for
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TE BAR OF CALIFORNIA
F THE CHIEF TRIAL COUNSEL
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Dated: December
1D
,2007
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DECLARATION OF S
VICE BY MAIL
I, the undersigned, over the age of eighteen (18) yea s, whose business address and place of
employment is the State Bar of California, 180 Ho rd Street, San Francisco, California 94105,
declare that I am not a party to the within action; th I am readily familiar with the State Bar of
California's practice for collection and processing 0 correspondence for mailing with the United
States Postal Service; that in the ordinary course of e State Bar of California's practice,
correspondence collected and processed by the Stat Bar of California would be deposited with
the United States Postal Service that same day; that am aware that on motion of party served,
service is presumed invalid if postal cancellation da or postage meter date on the envelope or
package is more than one day after date of deposit fI r mailing contained in the affidavit. That in
accordance with the practice of the State Bar of Cali ornia for collection and processing of mail,
I deposited or placed for collection and mailing in t e City and County of San Francisco, on the
date shown below, a true copy of the within
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in a sealed envelope placed for collection and maili g at San Francisco, on the date shown
below, addressed to:
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Zachary B. Coughlin
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in an inter-office mail facility regularly maintained y the State Bar of California addressed to:
94~W. 12th~reet
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I declare under penalty of perjury under the laws of he State of California that the foregoing is
true and correct. Executed at San Francisco, Califo ia, on the date shown below.
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have /JOt been made. (kula Proc. ofSlale Bar, rule 301 (a)i2).)
Petitioner
THE STATE BAR COURT
OF THE STATE BAR OF CALIFORNIA
REVIEW DEPARTMENT - SAN FRANCISCO
8 II In
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the Matter of
Case No .
IS
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{Ss-l
Zachary Coughlin
10 ,
II
Of,
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REQUEST FOR REVIE"w , REQUEST FOR
SUMMARy REVIEW (RULE 301 . 3 0 3 )
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Department.
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a payment plan.
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Date:
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September 24,
2007
ry Coughlin
ary B. Coughlin, 945 W. 12th St.
Reno, NV 89503
(775) 338-8118
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Page 1 of 1
FILED
AUG 2 0 '001
STATE BAA COURT ClERJ<:S OFFICE
SAN FRANCISCO
STATE BAR COURT OF CALIFORNIA
HEARING DEPARTMENT - SAN FRANCISCO
In the Malter of
ZACHARY BARKER COUGHLIN.
)
)
)
)
that decision and seeks a de novo determination of his moral character from this court. Applicant
represented himself. The committee was represented by the Office of the Chief Trial Counsel of the
State Bar of California. by and through Deputy Trial Counsel Susan I. Kagan.
A four-day hearing was held on May 8. 9. 10. and 22. 2007. The matter was submitted for
decision on May 22. 2007.
For the reasons set forth below, the court finds that applicant currently lacks the requisite
good moral character necessary for admission to the practice of law. (Bus. & Prof. Code, 6060.
subd.(b);' Rules Regulating Admission to Practice Law, rule X.)
II. Moral Character Determination
Applicants for admission to practice law must possess good moral character (Bus. & Prof.
Code, 9..\lIIQI
X,
1.) An app icant for admission has the burden to prove his or her own
Where the committee rebuts an applicant's prima facie showing of good moral
character with clear and convincing e idence of applicant's bad moral character, the burden falls
upon the applicant to demonstrate his 0 her rehabilitation.
1095-1096.) The more serious the bad haracter evidence,the stronger an applicant's rehabilitative
showing must be.
favor.
(Id.
Educational Background
Applicant attended the Universi y of Washington from 1995 through 1996. In January 1997,
applicant enrolled in the University of Nevada, Reno, graduating with a B.S. degree in biology in
1999. In August 1999,applicant attend d the University of Nevada,Boyd School of Law,Las Vegas
(UNLV), graduating with a J.D. degr e in 2001.
B.
r examination.
Character and Fitness (Nevada Commit ee) had several issues of concerns regarding applicant,such
as his criminal charges,the incidents at t e law school,employment termination and mental stability.
psychologist and submit to and abi e by any course of treatment deemed necessary and
recommended by the psychologist; (2) ubmit a signed release allowing the State Bar of Nevada
access to any counseling records; (3) sub
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On December
21, 2004,
conditioned again on the terms of his d ferral as set forth above. On March
Court of Nevada issued an order ad
Supreme
2008
deferral agreement.
C.
On September
28, 2002,
California. Thereafter, he submitted u dates and amendments to his application on six separate
occasions - January
2004;
and February
On January
9, 2003;
February
3, 2003;
March
19, 2003;
September
15, 2003;
May
31,
15, 2007.
7, 2003,
the com
On January
9, 2003,
corrected his September 2002 applicati n. Applicant told of the Nevada Supreme Court's deferral
of his application for a license to practi e law in Nevada, indicated that he had passed the October
2002
a copy of his police report from the arres ing agency regarding his January
to describe his relationship with alcoho and/or drugs. On March
committee and confirmed that he pled
California Vehicle Code section
23103
010
contendere on March
( ry reckless).
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19, 2003,
11, 2003,
applicant's psychological evaluation re ort and a copy of the arrest and conviction documents in
applicant's resisting arrest misdemean r in October 2001. By July 13, 2004, the committee had
decided that it was not in the position to recommend applicant's admission to the State Bar of
California. The committee decided that hey would hold in abeyance until January 13, 2005, so that
they could evaluate applicant's particip tion in the Lawyer Assistance Program of the State Bar of
California (LAP) which has been establi hed to provide assistance with mental health and substance
abuse issues to members of the legal pr fession. On July 19, 2004, applicant signed a stipulation
with the committee that his recovery fro
The stipulation required applicant to
submitted in connection with his appl ation and further required applicant to sign a waiver of
confidentiality and release of informati n to allow LAP to report the evaluation and findings to the
committee.
On June 22, 2005, applicant cont cted LAP and completed the telephone intake process. On
February 16, 2006, the LAP Evaluation
The LAP Evaluation Committee decid d that applicant had not successfully complied with their
recommendation and thus, terminated a plicant's participation in LAP.
On June 7, 2006, the committ e advised applicant that it declined to recommend his
admission to the State Bar to the Supr me Court of California. The decision was reached after
consideration of several factors, includi g applicant's 2003 conviction for reckless driving, being
disci plined while a law student by
UN V, lack
Hall
v.
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The court finds that applicant m de a prima facie showing of good moral character based upon
his testimony at trial. Respondent test" led that he possesses good character and that his omissions
on his application to the State Bar wer minor as compared to what he did admit.
v. The Committee's
The committee presented clear
of good moral character. The evidenc involved applicant's lack of candor at his deposition and
material omissions from and misrepres ntations on his application regarding various issues, such as
his misconduct at UNLV, employmen history, status with the U.S. Patent and Trademark Office,
substance abuse, DUI conviction, cou
obligations and mental health. The co rt agrees with most of the committee's contentions.
A.
Mark Tratos (Tratos). A final paper w s one of the requirements of the class. Tratos required that
the students turn in both a hard copy an a disk of the final p aper. Applicant said he turned in a hard
copy but did not turn in a disk of the har copy. Tratos informed applicant that he had neither a hard
copy nor a disc of the paper. Applicant dmitted that he did not turn in a disk, but insisted that he had
turned in a hard copy of the paper. He s bmitted an affidavit of a student who said she saw him turn
in a hard copy of the final paper. Appli ant was unable to locate the final draft of his paper on the
hard disk. There were several e-mails exchanged between Tratos and applicant regarding hiring
someone to try and retrieve the paper fr m his hard drive. At some point it was decided that hiring
someone was too cost prohibitive.
The committee asserts that appl cant misrepresented the outcome of this investigation and the
evidence.
In the attachment to his Septe ber 28, 2002 application,applicant wrote:
"Secondly,the State Bar of Ne ada informed me that another concern regarding my
application arose out of an aca emic dishonesty in,,:estigation that was completey
resolved in my favor in Dec
ber of 2001.. Dunng the course of the academIC
investigation and subsequent N vada Bar inqiry everal students signed affidavits
.
indicating that they had in fact een me tum III thIS pper. ... For esons t?at e hll
.
very unclear to me,Mr. Tratos t en instIgated an offiCIal academIC IllvestigatlOn mto
whether or not I actually wrot the paper when it was do [sic]. After the student
judicial affairs officer for my I w school conducted a full investigation...the matter
was resolved with a finding th t no academic dishonesty took place on my part."
[Emphasis added.]
. .
The committee argues that ap icant was disingenuous when he stated that the academic
dishonesty investigation was "complet Iy resolved in [his] favor" because the investigation was in
fact resolved with a formal letter of w mingo Also,contrary to applicant's statement that several
students had signed supporting affidavi s,only one affidavit was ever submitted to the Nevada State
Bar in relation to the inquiry.
While applicant had clearly exa gerated the outcome of the investigation in that it was not
"completely" resolved in his favor,give the formal letter of warning,and only one affidavit,and not
several affidavits, was signed, the
misrepresentations. That standing alon does not reflect on his moral character.
However,what is of more conce
the outcome of the investigation is appli ant's behavior surrounding the investigation. Based on the
e-mails exchanged between applicant an Tratos.it is clear that Tratos took no position with respect
to whether applicant had written or not
his "lost paper" by paying for a data reco ery service. Instead, applicant sent unprofessional e-mails
that unnecessarily escalated a frustrating situation for both applicant and Tratos. At the hearing in
this matter,Tratos testified that he foun the e-mails troubling and irrational and that no professor
would be comfortable in getting those co espondence. Thus,applicant's conduct negatively reflects
on his moral character.
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2.
Question
the reasons fully below, providing the n me of the school, the date, the reasons for discipline, and the
final disposition."
Applicant marked the box "yes' and stated:
" I was fined $100 by UNLV fo moving a com puter monitor & keyboard
attach to my computer for an h ur in Dec 01, 2002."
10 feet
to
The committee contends that ap licant made misrepresentations about his scholastic discipline
in this matter because he gave the wron date of the incident (the correct date was October
11, 2001),
$100
university staff time to reconnect and c eck the computer systems. And, he used the computer for
personal, nonacademic work without p rmission.
The court does not find that ap licant made material misrepresentations regarding the law
school computer. Stating an incorrect
$100
This charact rization of the computer incident standing alone does not
hearing. Applicant testified that he was not sure whether he had authorization to use the computer
and that he simply knew that he needed
laptop working. Applicant's testimony s not credible. He knew or should have known that he had
no authorization to dismantle a comput r monitor, keyboard and mouse set up in the microforms
room of the UNLV Law Library as the c mputer was in an area not for general student use.
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B.
Employment History
a.
Applicant was employed by th law library at UNLV from October 1999 through May 2000
and was terminated from that positio
for poor performance and for taking $10 from the library
change drawer without permission. Th committee contends that because applicant omitted from his
initial September 2002 application abou the UNLV library employment, he made a misrepresentation
regarding his employment history. W en explaining his failure to include this employment in his
application, applicant stated:
Yet,in his application for admi sion to the State Bar of Nevada filed on February 2,2001,
applicant listed the dates of his emplo
ough May 2000 at the formal hearing before the State Bar
.
Nevada State Bar seeks different informa on from that of the California State Bar. The Nevada State
Bar asked for information on all empl yment whereas the California State Bar asked for any
employment history that lasted longer th n six months. Since applicant indicated that he was not
employed in December through January uring the winter break, there is no clear and convincing
evidence that his employment lasted long r than six months. Thus, he was not obligated to provide
information about his law library emplo
"managerial conflicts" on the Nevada app ication and explaining on the California application that
he was borrowing the $10 overnight and re
is no clear and convincing evidence that hi borrowing the $10 on an emergency basis reflected upon
his moral character.
b.
ark Office
he was applying
to take the examination with the U.S
. atent and Trademark Office in Oct
ober 2002 and that he
misrepresented his status as an "Agent'
when he should have been listed as an
"Attorney" since he
was a member of the Nevada State
Bar.
Applicant passed the October
"Agent " with the U.S. Patent and Tra
de
update,applicant provided a cop
2 02
2, 2003, he
905.
was listed as an
nse,listing applicant
as "Agent. " In his February 15,200
7 upd te,applicant stated
that he was " [l]icensed as a patent
agent
since May of 2003 (though upo
n beco ing an attorney that
may now be classified as a
patent
attorney. " As of the hearing, app
licant i listed as an "Agen t" wit
h the U.S. Patent and Tradem
ark
Office.
According to the U.S. Patent
and rademark Office,if app
licant wanted to seek registratio
n
as an attorney, he had to submi
t an origi al certificate of goo
d standing issued within the
last six
months from the Nevada Supre
me Court. ut because applica
nt's membership with the Ne
vada State
Bar has been conditional, the
re is no clea and convincing
evidence that he was in good
standing.
2A year later,in his May 31,20
04 pdate to the Califo
rnia bar,applicant finally
reconciled the differences and
indicated th t he was terminat
ed
"due to not being licensed in
Nevada or California. " In his
February 15 2007 update,he
again reiterated that he was let
"due to the unexpected delay in
go
becoming icensed to practice
law in Nevada. "
-9-
us
as an agent. His failure to mention
0 the application that he was
taking the patent and trademark
examination is insignificant and doe
s ot reflect on his moral character.
3.
Substance Abuse
-10-
--
---- -------
C.
Material Omissions
lows
-11-
1.
s:
River Arms Apar ments v. Zachar
y B. Coughlin, Washoe County,
case No.
REV 2005-001396, an unlawful det
aine action against applicant for
default in payment of rent at
1255 Jones Street, #132, Reno,
NV 895 3 in the amount of $66
0. In April 2005,judgment wa
s
entered for plaintiff, but applica
nt has no made any payment.
a.
h.
-12-
he therefore thought he
had no duty to report the lawsuit bec
use he was now in a litigation mode
with the State Bar. His
purported confusion is incredible and
is without merit.
3.
Employment History
a.
Address History
5.
a.
b.
c.
Financial Obligation
s
Aargon Agency,Inc.
AFNI,Inc.
Chase
-13-
Date Due
Amount Due
October 2006
$ 470
October 2006
$ 148
January 2007
$ 824
D.
Collection Service of
Digestive Health Ce
December 2006
$ 133
Collection Service of
Digestive Health Ce
January 2007
$ 419
November 2006
$1,532
January 2007
$ 267
Macy's
October 2005
January 2007
$1,845
Revcare,Inc.!
Reno Regional Medic I Center
January 2007
$1,200
November 2005
$ 836
55
as movie theater.
u ry 2002.
-14-
that
-15-
olved.
VI. Applicant
2003 to February
nges to information
previously furnished the committee.
Bu rather, applicant was constantly
amending his application
due to his repeated significant omissi
o s from the application. Applica
nt cannot show that his
repeated failure to fully disclose info
rmat on on his application was uninten
tional or mere negligence.
(Cf. Hallinan v. Committee ofBar
Exa iners (1966) 65 Ca1.2d 447,
473.) More importantly, the
material and numerous omissions not
onl reflect applicant's cavalier atti
tude toward the application
process but also reflect adversely on
his oral fitness to practice law.
(Cf. In re Gossage (2000) 23
Cal.4th 1080, 1098.)
-16--'--- ----
appreciation for details and full discl ure in documents he verifies under penalty of perjury as true
and complete. Completion of the ap ication is not merely an exercise on the way to admission to
practice. (Cf. In the Matter of Gidd ns (Review Dept. 1990) 1 Cal. State Bar Ct. Rptr. 25, 34.)
Repeated acts of negligence or omiss' n may constitute moral turpitude and "prove as great a lack
of fitness to practice law as affirmative violations of duty." (Bruns v. The State Bar (1941) 1 8 Cal.2d
667, 672.)
Applicant has a heavy burden
must present evidence of rehabilitation by his sustained conduct over an extended period of time that
he is a person of good moral character Cases authorizing admission on the basis of rehabilitation
commonly involve a substantial perio of exemplary conduct following the applicant's misdeeds.
(In re Gossage, supra, 23 Cal. 4th at p. 1 096; see also Kwasnik v. State Bar (1990) 50 Ca1.3d 1 06 1 ,
1 07 1 -1 072 [emphasizing seven or eigh -year period that elapsed since applicant wrongfully evaded
payment of a civil judgment]; Martin B
v.
[emphasizing nine-year unblemished r cord after applicant was accused of rape as a Marine]; Hall
v.
Committee olBar Examiners (1979) 5 Cal.3d 730, 742 [emphasizing six-year period in which no
complaints were lodged against applic nt's employment business after his business license was
temporarily suspended by an administr ive agency].)
Here, applicant did not present an evidence of rehabilitation over a substantial period of time.
It is clear that in the past applicant ha alcohol abuse problems. What little evidence applicant
presented on rehabilitation with respect t alcoholism was all self-reported. In short, there was little
credible evidence presented that applica
appears to be suffering from certain psyc iatric disorders including ADHD, chronic depression, and
passive-aggressive and oppositional-defi nt personality traits, which appeared to have affected his
behavior in this trial. Applicant's conduc was unprofessional and troubling. He was never on time
for the hearing and he randomly berated
no sense.
-17--------------
upon whether that person has commi ed or is likely to continue to commit acts of moral turpitude.
(Hallinan
v.
Committee of Bar Exa iners (1966) 65 Ca1.2d 447, 453.) Applicant's repeated
his evasive testimony regarding his al ohol abuse evidencing lack of candor precludes any finding
of exemplary conduct over a meaning I period of time. Therefore,the court cannot conclude that
applicant is not likely to continue to c
Each act of applicant's misco duct is not so serious as to find him lacking good moral
character. But,in examining the combi ed record of his multiple acts,particularly his lack of candor
and irrational,combative behavior thr ughout these proceedings,the court is confronted not by
isolated or uncharacteristic acts but by a continuing course of misconduct extending over a period of
several years. The risk of applicant repe ting this misconduct is considerable. Thus,the court cannot
find applicant to possess the requisite g od moral character for admission.
Nevertheless,it is possible that i applicant submits an application that is detailed, complete
and accurate,if he seeks and undergoes ubstance abuse/mental health treatment over
an
extended
period of time,if he can show good fa th in satisfying the judgment creditors,and if he obtains
unconditional admittance to the Nevada tate Bar in 2008,then applicant may be heading to the right
direction in satisfying his heavy burden
-18-
II. CONCLUSION
Therefore, applicant Zachary Barker Coughlin has failed to establish that he currently
possesses the requisite good moral c
California.
Dated: August
rt-, 2007
PAT McELROY
Judge of the State B
-19-
I am a Case Administrator of the Stat Bar Court of California. I am over the age of eighteen and
not a party to the within proceeding. ursuant to standard court practice,in the City and County of
San Francisco,on August 20, 2007, I eposited a true copy of the following document(s):
DECISION
by first-class mail,with posta e thereon fully prepaid, through the United States Postal
Service at San Francisco,Cali mia,addressed as follows:
ZACHARY B. COU
LIN
[ X]
I hereby certify that the foregoing is tr e and correct. Executed in San Francisco,California,on
August 20, 2007.
;
I'
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'",Lauretta Cramer
Case Administrator
State Bar Court
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IT IS SO I JlWf.Ut:l).
Apn' :;3,2(}()7
~.
ENFORCEMENT
TELEPHONE:
TOO:
FAX:
(415) 538-2000
(415) 538-2231
(415) 538-2220
Zachary B. Coughlin
State Bar case no. 06-M-13755-PEM
am
enclosing a subpoena directing you to appear and give testimony in the above-referenced matter.
Trial is currently set for May 8-10, 2007 in San Francisco at the State Bar Court, 180 Howard Street, 6
th
Floor, San Francisco, CA. You will most likely only be asked to testify on one of those dates. Deputy
Trial Counse! Susan Kagan or I will contact you shortly to schedule you and discuss your testimony.
I
am
also enclosing an Acknowledgment of Receipt of Subpoena which I request you to sign and return
Thank you
very much for your cooperation in this matter. Should you have any questions in the
meantime, please contact me at 415/538-2540 or Deputy Trial Counsel Susan Kagan at 415/538-2037.
Sincerely,
L
Legal Assistant to
Susan Kagan
ZACHARY B. COUGHLIN,
TRIAL SUBPOENA
EJ
o
1.
YOU ARE ORDERED TO APPEAR TO TESTIFY AS A WITNESS in this proceeding before a Judge of the State Bar Court at the following time and place:
THE STATE BAR COURT
Place:
Time: 9:30 a,n).
Date: May 8-10, 2007
2.
b.
d
e.
EJ
o
This subpoena is directed to a financial institution. The production of financial records described in this subpoena is consistent with the scope and
requirements of the above entitled State Bar proceeding_ You are ordered to produce the financial records described in attachment #1.
Trust Account Records. There is reasonable cause to believe that the financial records desclibed in attachment #1 pertain to trust funds which the member
of the State Bar of California who is the subject of these proceedings must maintain in accordance with the Califomia Rules of Professional Conduct. All
members of the State Bar have ilTevocably authorized disclosure of trust account records to the State Bar .of California by operation of law (California
Business and Professions Code section 6069(a)).
NonTrust Financial and other Records. You are ordered to produce the documents and things described in attachment #1. A declaration in support
of this request is appended hereto as attachment #2.
Ordered to Appear in Person.
Not requested to appear in person; however, you are ordered to produce true, legible, and durable copies of the documents described in attachment #1,
along with an affidavit of the Custodian of Records, in lieu of personal appearance pursuant to California Evidence Code sections 1271 and 1560 et seq.
(1) Place a copy of the records in an envelope (or other wrapper). Enclose your original declaration with the records. Seal the envelope, (2) Attach a copy
of this subpoena to the envelope or write on the envelope the case name and number, your name and date and time, and place from paragraph I above
(3) Place this first envelope in an outer envelope, seal it and mail it to the Clerk of the State Bar Court at 180 Howard Street, San Francisco, California
94105, (4) Mail a copy of your declaration to the undersigned at The State Bar of Califomia, 180 Howard Street, San Francisco, California 94105.
3.
You are entitled to witness fees and mileage actually traveled both ways as provided by law. Evidence Code section 1563 governs witness fees for production of
business records.
4.
The State Bar is not required to issue notices to consumers (California Code of Civil Procedure section 1985.3(a)(3.
5.
IF YOU HAVE ANY QUESTIONS ABOUT THIS SUBPOENA, YOU MAY CONTACT SUSAN 1_ KAGAN BEFORE THE DATE ON WHICH YOU ARE
P T O F COURTIN THE SUPERIOR COURT
nary
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PI.F -\sr T \KE :--OTICE THAT the Stale Bar of California, by and through Deputy
1:
,.,"; SlS.-\' I KAGAN, hereby moves the State Bar Court for an order compelling
:-
- _...
f~ ::i"lld:mce Jt 3 d('positlon at the State Bar offices at 180 Howard Street, San
n:; m:,twn tS made ptmuant to Code of Civil Procedure ("CCP") sections 2025.250
D ~ ;moods that the interests of justice will be served by ordering applicant's
--1-
c.nml_ .
II
is
, _ _ dll.m11U111on
on........... _
1MI_"'_
2.
ID . .
orlheconductmvCIIlpledbyIheCOIIIIIIdIecm_lodl_
......,by-.yofdopooi1ioa m R-,
10
3.
a ......
noq-.s 10 .0IjI0IId 10
II
12
....... byMuch 19,2007. Appli..... did not respond 10 Ihe Stale BIr'. March '4. 20071eaer
IJ
U
IS
N
On Much 20, 2007, the Slate BIr filed a motion 10 compel opplic:alll'._en on
S.
"ii .
~~".S.F~.A~tion
able to come
(0
Sail Francisco ror it." Applicant did nOl provide un explanalion ror hIli lasl-
minute cancellat ion or for his inab il ity to attend the deposition in San Francisco.
8.
the State Bar left a voiccmail message [or appl icant requesting that he contact the State Bar as
soon as possible to discuss the deposition. Applicant did not contact the State Bar on that day.
6
7
9.
On the moming of April 17. 2007. the State Bar left two voicemail messages ror
applicant. The first requested appl icant to contact the State Bar as soon as possible to discuss the
deposition. The second adv ised that irapplicant did not contact the State Bar by 12:00 p.m., on
April 17,2007, the State Bar would file a mot ion for sanctions in this matter.
9
10.
Applicant did not show up to the deposition at the State Bar offices in San
10
11.
At approximately 3:00 p.m. on April 17,2007, applicant contacted the State Bar
12
to advise that he was not willing to attend a deposition in San Francisco without a court order
13
compelling him to do so. He did not provide an explanation for his refusal to attend a deposition
14
that he previously agreed to attend, or provide a valid basis for his inabili ty to attend the
15
deposition in San Francisco, other than stating that he does not have much money. Applicant
16
17
18
19
12.
On April 18, 2007, applicant and Dr. Tucker agreed to schedule the independent
On April 18,2007, when questioned by the State Bar whether he would agree
20
attend a deposition in San Francisco if it is scheduled around the same date as the examimltic)~
21
22
14.
On April 18, 2007, the State Bar left a voicemail message for applicant ."".;.;~
23
that it would pay reasonable travel expenses, including a hotel for the night of April 26,
24
IS.
On the morning of April 19,2007, the State Bar left a voicemail message
26 applicant requesting that he contact the State Bar to discuss scheduling his deposition at
27
28
-4-
able 10 come 10 San Francisco for il" Applicant did not provide a" eXlllnn3tton
roT
minule cancellalion or for his inability to attend the deposition in Sun Frunci:;cQ.
8.
thc State Bar left a voieemail message for applicant requcstlllg that he contact the Stolle: Bar;\~
soon as possible to discuss the deposition. Applicant did not contact the SI.tte Bar on th <llliay.
On the morning of Apri l 17, 2007, the State Bar left two voiccmnil messages for
applicant. The first requested app licant to contact the State Bar as soon as possible to discliss the
deposition. The second advised that if app licant did not contact the State Bar by 12:00 p.n\ .. on
April 17,2007, the Siale Bar would file a motion for sanctions in this matter.
10.
10
Francisco
011
Applicanl did not show up to the deposition at the State Bar onices in San
Apri l 17,2007.
II
II.
12
13
14
15
16
to advise that he was not willing to allend a deposition in San Francisco without a court order
compelling him to do so. He djd not provide an exp lanation for his refusal to attend a deposition
that he previously agreed to attend, or provide a valid basis for hi s inability to attend the
deposition in San Francisco, other than stating that he does not have much moncy. Applicant
also refused to attend a deposition in Sacramento for the same reasons.
17
18
At approximately 3:00 p.m. on April 17,2007, app licant contacted the State Bar
12.
On April 18,2007, applicant and Dr. Tucker agreed to schedule the independent
19
13.
On April 18, 2007, when questioned by the State Bar whether he would agree to
20
attend a deposition in San Francisco if it is scheduled around the same date as the cxan"lination
21
with
22
Dr.
14.
On April 18,2007, the Stale Bar left a voicemail message for applicant advising
23
that it would pay reasonable travel expenses, including a hotel for the night of April 26, 2007, .
24
25
15.
On the morning of April 19,2007, the State Bar left a voicemail mcssage far
26
applicant req~esting that he conlacl the Stale Bar to discuss scheduling his deposilian at the
27
28
-4-
8.
(0
-4
the State Bar len a voiccmail message for applicant requesting that he contact the State Bar as
soon as possible to discuss the deposition. Applicant did not contact the Slate Bar on that day.
9.
Ol1lhe !naming of April 17,2007, the State aar left two voicemail messages for
:.Ipplic:mL The first requested applicant to contact the State Bar as soon as possible to discuss the
deposition. The second advised that if applicant did not contact the State Bar by 12:00 p.m., on
April 17.2007. the State Bar would file a motion for sanctions in this matter.
9
10.
Applicant did not show up to the deposition at the State Bar offices in San
10
13
14
15
16
17
18
19
It.
At approximately 3:00 p.m. on April 17,2007, applicant contacted the State Bar
to advise that he was not willing to attend a deposition in San Francisco without a court order
compelling him to do so. He did not provide an explanation for his refusal to attend a deposition
that he previously agreed to attend, or provide a valid basis for his inability to attend the
deposition in San Francisco, other than stating that he does not have much money. Applicant
also refused to attend a deposition in Sacramento for the same reasons.
12.
On April 18,2007, applicant and Dr. Tucker agreed to schedule the in,ie>,endel\~
On April 18,2007, when questioned by the State Bar whether he would agree
20
atlend a deposition in San Francisco if it is scheduled around the same date as the eX'tm,.nal:lOj
21
22
14.
On April 18, 2007, the State Bar left a voicemail message for applicant .0",,1
that it would pay reasonab le travel expenses, including a hotel for the night of April 26,
connection with Dr. Tucker's exam ination.
15.
26
On the moming of April 19,2007, Ihe State Bar left a voicemail message
applicant requesting that he contact the State Bar to discuss scheduling his deposition at
16.
On April 19. 2007, respondent advised that he would not attend the dt:position at
5
CCP section 2025.250(a) addresses the location of a deposition and provides in relevant
6
part:
9
10
tl
CCP section 2025.260 provides in pertinent part:
12
13
14
15
16
17
18
19
20
21
22
23
24
(7) The whereabouts of the deponent at the time for whieh the
deposition is scheduled.
(c) The order may be conditioned on the advancement by the
moving party of the reasonable expenses and costs to the
deponent for travel to the ptace of deposition,"
25
26
In accordance with CCP sections 2025.250 and 2025.260, the State Bar moves for
order compelling applicant's attendance at a deposition at the State Bar offices in San
28
-5-
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elm
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17
.lpph l '.1 1I 1 1d II Sl'd 1\1 .I11 ~"'l' 1 qUl~ tH)n ~ Ilhout 11I ~
I~
Ii)
I'l'ilsll n"hlt.' In (lI'dl' l ;lppltt';1111 In IIlt l' mlli dl'PUS I1U1Il III S.m I;r.mcisco III ordl.!r to answer those
21
"
2.1
IIli1fll'!
24
flf
25
ill
dors 1101
,ldth ctlUl1 nn
appl!rulIl 's Il' lmill l Itl ll llSWl'1' the qu c!;tmlls was wi thout merit. It IS
'Ih.'llhul
Although Ihe
'0 ,nlll (lilihal dul t'. the wl1,k schedu\c orlhe deputy Irial counsel in
11'iiSilllilhl y 1".'rllIll
tntvd to
I{l' nn in
2h 1/1
27
28
6
,
6
Onlul'."'"
. ". - - .
9
.lp~
rlC:UlI p.ut!Clp.UN
.
III Jll mfl.'ml;U h~aring \\ lth the
II
.:hsr.:iCk":' dctemll.C:l'j~"'n_
12
.'
On
.
m\~t1gJtcd.
b~
13
d~sluon
I':
15
At the
On )I3ICh
l~. ::00-,
16
in an anempt to infonnJ.lly resolve the issue. Applicant was requested to respond to the letter by
I~
-'farch 19. "00- Applicant did not respond to my ~Iarch 14, 2001 letter.
6.
IS
19
~o
On '\farch
~O.
-,
On April 12. :'00-. a stalUS conference was held in the matter. At the status
21
conference. the Conn issued an order compelling applicant's answers at deposition on the issue
"
of alcohol addiction. In its order. the Conn stated: "as to the issue of the deposition being held
23
in Reno or San Francisco- if the parties cannot work out an agreement as to place then the State
24
Bar needs 10 file a motion \\;th respect to where the deposition should be ftled,"
8.
On April 12. 2007, after the starus conference in this matter and pursuant to the
26
Coun' s order compelling anendance at deposition, I left a voicemail message for applicant
27
requesting that he contacl me to reschedule his deposition, Applicant did not respond to my
28
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AI'I'LU'ANT
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FXAMINA nON
( )n r"'lan:h 20, '~()f) 7. Iht' ( III icl' \1r Ihe ( 'hil'!" [nal t'llunsl'l oj the Stull' H\tt' of( 'al,I'UI'IHil (Slut~
Hal) li/t'll ;1 "!\-lll lion for ()nk'[
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",'(011111110111011. '. AI a :-;\:lIU8 couh:rClllT. Iwld 011 April 12,2007. the l'UlItl!(llL!ld Ihlll then.: WIIS ~IHld
liN: In l"llIdtH:llh,,' mcnlal ht'alth cvalUUlitll1. given Ihut applicant hud p\ucc:d his usc of (I\t.;l)\lO\ 1\1
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111 fhe instil/II rnalh:r Ilowevc,.'r, the cllllrt tknit'd wi llUlut prt'jmhcC' the Stute Hm's muti(H\ fur
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iimlled Itl 11K' ISSUl' or suhshllH:e abusl' In hl: pcrforillcd by a physiciun ccrtilil'd ill addietlun
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to
l.:qm.'Slcd JIIedrt'all'X;lI1l1nalum ill uCCtlrdullce with ruh.: 184 urlhe Ru\cs ot'Proccdurc orthe XI(lle
U;Jr
()n April J 2. 2007, thl' Stale Bar filc.:d n "Renewed Motlun l'or Order Rc:qulrinS " 11plkunl
10 "'uhmit III un lndcp\"'mh:nl Mcdical l;x:uni lillti(lll," which illcnrporaled ils CHl'licl' Mmch 20. :()(n
motion and :llso ... ret:llicd the
IIl.UlI1L'J'.
Douglas E. Tucker. M,o., at 2887 College Avenue #108. Berkeley. t'/\ l)470S Ilr
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1I'tU1d be:
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, 11o Slnl{' 11m WIll he Ie'il"III'ill,lc fClr I)r '1lIdcr's fcc I(Jr thc examination/eva1uation.
IIIl'ludllli ,ICll'IIIIIl'lIlruvlcw IIIld wrillcl1 reporl as kct forth hercin, If, however. either
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PREII!!\!,:
[J 1 Pretrial
FUrther Sl:IIUS Confercnce.
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r[ ]J InIn person
person
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(by ... bell'le Pn:lllull'onli..'fCIKC pur-.;u,\I\t 10
~Ern_E"E"T:
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Coull!>cI shall meet ami cunfer III person or by telephone and report (tn the posslh,lny of Cl'll\promlsc at the nc\.t conference.
The parties waivc their rigbl ttl have the settlement conference he:Ud by a Judge othl!r than the trial judge.
Settlement Conlerencc:
r J III Person
r ] Tdephonil.: -;;-:;;;;-;j;;-fu~i;)"::p~;-;;;tt;;;;;;;;[k;~;;-;:o;;r.;;:;;;~1
An original ,U1d one cllPY tlf Scllicmenl position statements in letter l'(Inn arc due
settlement
StIpulation to be filed b Y - - - - - - - - - - - -_____________________--t
REFERR~I.:
rj
ThiS mailer is refc:rred (0 Ih!.! Progmm for Respondents with Substance .\buse or ~!cnlail leilith Issues. Stat\ls conference
with Program Judge on
_ at
WIth
Judge
This will be nn
In Pcrsllll [ 1Telephonic status conference
r]
OTIIER O/lIJERS:
[1 Motion
Discovery Period Ends/Extended to '""""j'JRe~;;;;knliA:ppii.;;;;;t:7i;;;:ii.;;;;;::[ii0;;;;;r.:;;:-===========~
[x]
o[[x ] Deputy Trial Counsel; J RespondentlAppllcnnt;'Pclllloncr:
[x] Olber:
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appear for traffic citations in Las Vegas Township Justice Coun. Clark Counry Ciwion~. i .
ISSUed
speeding: fallon Justice Coun Citation :-':0. R1153l7; and 2) on January 20, 2005. applican1-.'U
Applicant did not update his application to include mformauon about this tOPIC until after
the Committee filed its Response listing the following civil cases, judgmenlS and dcfaulLS~
"0. RE\'
10
2005001396. Unlawful detainer action against applicant for default in payment of rent at 1255
II
Jones Street #132. Reno. NY 89503 in the amount of 5660.00. Judgment for plamuff.
12
dale of this statement. applicant has not made payment on !.he judgment.
As of the
B. RiYer Arms Apartments v. 'klchary B. Coughll". Washoe County Case !'o. REV
13
14
2006-000909. Unlawful detainer action against applicant for default In payment of rent a1 \255
15
Jones Street #132, Reno, NY 89503 in the amount of $720.00. Judgment for plamuff.
16
II
17
II
As of the
dale of this statement, applicant has not made payment on the judgment.
18 " Coughlin Memory Foam, Washoe County Case No. RSC 2005-000301. Small claims action
19 " against applicant for non-payment of shipping services. Judgment for plaintiff in the amount of
20 " S5,161.00. As of the date of this statement, applicant has not made payment on the judgment.
21
22 H
23
3. Employment History
A. Law School Employment
Applicant omitted from his application filed on September 28, 2002, that he was
24 I employed by the law library at the William S. Boyd School of Law from October 19, 1999
2S I through May 25,2000, and was terminated from that position for poor performance and taking
26
I $10.00 from the library cbange drawer without permission. He did not update his application to
27 I include this infonnation until after the Committee filed its Response listing the omission.
28 I
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...
,
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,
b
'\ppli ,'anl du.llh'l upllltH' hUI IIpplirltllulIIII IlidudL1 1'InphlYIILL "' ILl 111., 1,,'# Inr. j I1II
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ullltlnn l." tilt, <- 'Olllllll1l1'c' nkllll ~ H I':.pqll~'_' 111l'IUV. 'II~ 'JrnI9MI,
C Othl'!, Fl1lpk"YTlll'llt
It Wo.\S tWI lIntll May 14, lO()4, Ihulllppilt'lllll updUlc',1III'lIPl'lu.:utlclIIII, IlII;io.ir. 1Iot1l
cmpIO)1llL'IlI. ;ts
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1'11:)1:11 1 ".
4 . Asll,lfl'S':; Il llit(ll'.j'
Applll';1Il1 did nut update hi li applt l:allnn hi IIu:llHk lilc fl,IItJ W'II~ .1,111,1_:8 tll .I'JI Y w1111
h::bntary 15.1007:
NV 8')509 111I())41041
IZ
13
14
C. 1255
15
16
5, Suhsta!!t!.U\b_\!~
17
Applicant olllJltcd hi s history of alcohol abuHc "'()m llie applj(':'Jholi filed "u S!;fJ\J;HI~r
JOIlO'
18
19
July 8,2004.
l1<.ll
I~cnt),
ROllO,
\
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provide
NY 89503 15101>2/071
tillS II1f'OflllHtiQI1
20
6. U.s. Palcnlnnd.I[!!~!lill1"r~.mJi~.~
21
Applicanl omiJlctl from Ills applical,on filed 'lIIlieptcmher 2~, 2CI()2, that he f,ll:'l ill'
22
I,
applicalion 10 practice before the !J .S. l'ate,lI lind '1ra<iell",rk Office 'III July 'J, 2(h2. 1\ w:.s nul
23 iluntil January 9,2(0), lital applicaniliptlalc<i h,s applicali,," to adv". that he p,,\v..d IhI.: {),-~,b!;r
241/ 16,2002 examination lor licensing with llie U.S. Palenl anti 'I radelOalk ()lIice.
2S /I
7. financial Qbli~"li9DS
26 U
Applicanl did nol updale his application 10 include Ihe foll')Wllig flnan.,al,kbU until
28 I
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AJ'N I, hit
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21)1j/
10
II
N< '0 1'1 N 'J'JlWell hUH" $1 ,K4 \,00 1111"1 (1110 liN or J1I111111ry 2007.
I)
l{ch'.11 (1, 11ll: ,m t'l1e, H ev.ulIlId Medlcl1l ('ellter: $1 .200.0() PUIlI duo lIN llf J nUlLnry 2007
IJ
f.
14
I~
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!'1I1i1-oFN'I'I\I'ION~
(hll;IIHliIlY L~. 20U.\, IIpphtllnl WIIS ullclilcd f(ll' dllving II 1lI0llW vehicle under the
1(,
18
II
19
lOu ,4. ""plll' ,1,.1 pled 11010 cOlIll"llIicl c tu II vlOlUlinn nl' ('uli f()f11Ht Vehicle ('ode sccl1l)U 23 \ 0),
III
'l} 8 wOlilclllkc It I JlIII,'1 tlullhal I wmol 1101 under the IJlflucm:c urulIY drug when I was pulled over fm
it nuthllV to ovoid IWlling 011 tl1l111l'alllllllY ilpuIIIlICIIL 'the unicef IHusllmvc :;mclk\l \\\\U\j\HUl,1
,m Ihnl
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IIli"cl'rc~('IIIL'd Ihe CVL'lils NUl 1011 lid in\'. his IIIrCRlliN evi(knccd hy II",
I follow,"!!: I) UUrlllC sumplc ICRled po.illve Jill' l1Iurijuullu; 2)lhc uncslill\'."ITIl'('" 1I\lled Ihal
,ppliCllnt
hut! bluod,hol, walery eyos, was unsteady on his J'eel allli hllll ;I sh(ms (1(1m \1\'
.,
tV
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I.
required 10 IIIcnd
II
13
14
of Alc:oholica
BmIIIQm!mt HillDO'
15
3.
USI
17 1 hlIIory:
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If ,
2l
....
a
."
A. UNLV Law Ubnay Employment. When explaining his failllR 10 include this
~ in bU application, applicanl staled:
"I did IlOl feel thai working .. a liont desk auendant the law blary. when:
my dull. iDcluded checking in and out books and sbelving books constitu1ed
law nfated ImpJoyment, .. described in the moral cbaractcr applicatioaa
lDIIrucIIoaI to SeCtioD 4.2. Further. It .... my belief that I bm aot worked
. .. . . . JIInIq for 'lemaer diu lis .......' (the inItrucIicms for Ibis
NIlIiOll call for lilling employment thai ....Iasted longer tbao six months...').
I .............",......... lIbnry for u ezteaded period d...... the
. . . .. . . . . . 111..... December 1999 tIIrollP JUIlBY 1000."
.mt.~)
..
B.
2
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4
SdIlUIlt1~. /IIHIIII'IIIIIIII"
IiI
lilly
Appill-lllli
IlIISrcprC!'Il'nlcd hilt ICflllillntll1ll hOll1l1w lillll II" Jullow." In 11111 h;hlwny) I . .lC)O' tap l.II.) 1"lIn:
ttl
10
N~Villl.1 jllUllha'
the SUllrClllc ('OUrt's deferment (mlt:r WUH 1(1) Jar lIul fur IlwlIIllI kcq) III" t'lTIph,yt'fl"
8
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II
12
13
14
15
Ih(~
U,S
regislration number 53,90S. (n hiH Muy J 1,2004 UptJltlc, hlll,lu;;lII\ prllvlliI:d ;1 CIJlly uf the U.S
Palent and Tradclllllrk Oflice licCIlHt. I he IiCCIlNC hlliH {llIplicilnl WI
"AW~III"
I~.
2007 update, upplictllll Slated the folll)wII1K under tht IIc<:11I1I1 ttlllllcd, S'TI/on HI (',.,.t/,'n/wl,
(md Llcense.v: "',icensed as a putC/ll IIMenl Hlllce May uf 20U] (lhllllHh up,,,, hCtfllllllly' illl .IUlltl1ey
that may now be classilied as a patcnlllttorncy," ", of the dille of Ihill !lli.lelllent, appll\:i.llIllll
listed as an "Agent" with the U.S. Patent unci '!...demark OfJicc
16
5. Scilo/a!-;tic DiS1!iJilin.Q
17
18
Applicant made misrepresentations about his 8chf)la!lIIC dl'iciplillc 111 thll~ maUer, In the
19 1/ application filed
011
September 28,2002, apploClll11 Rlaled "I wa, lined $ IOf) by UNJ.V lor
20 " moving a computer moniter /sicl & kcyhoard 10 feel to all:u.:h to Illy computer for
:111
hour ,"
2 II/Dec 01, 2002." In fact, the conuuct took place on October I I, 2!1O I In IIddition, applicant'.
22 1/ explanation fails to address Ihal the fine was assessed ""Stu
011
23 U reconnect the computer. It also fail. to state that the computer was lIot ror general Ktudent usc
25
26
In his May 3 I, 2004 update to the State Bar of California, applicant slated the reaROII
27 for leaving the firm as: '" was tennina!ed due to not being licensed in Nevada or California." III
his February 15, 2007 update, eppJicant.ta!ed: "Leo Schucring. Esq., told me I was heing let go
28 due to the uuexpected delay in becomina licensed to practice law in Nevada."
I
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ou COnll' (} nil tlcudenut' (hshollt,.st)- i1\\cstl~.\ti(l1l
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\t: n I cm:c Slipportlll~ Ills pOsltu:m. In nil \I!t,\chmonl to the
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10
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Although It was ddenllinoo thnt applicant wus not involved in academic dishonesty in
I ..
14
1\11SI\.'llI"c~"nt .. 1 tl"
.tl'phl'Ollll\1l tlk'\! lm Scptcmhcl' 2$, 20t>.:!:. :IPI)\it:allt proyiucd the Ibllowing slnlt.::mcn\ "
\.1
hlY~stilUh)n
this nliltt~r, tht.' ltlycstigation was resoh'cd with a fomlulletter ofwnrning, Contmry to
.Ipphl~mlls state1l1ents, only one anidu,'it was ever submitted to the Nevada State Bar in relation
III
15
tht.' ln4.uiry
m:;POSITlQN
I c,
At
hiS
17
failure 10 ct.)opcratc by refusing to answer questions and providing evasive testimony. as sct forth
I~
III
19
A.
Rs.~fusnl
to Am.wer Quesliol1s:
~()
"Whall'd like 10 do is tum back to that lust page of Exhibit I, and in the second
pamgraph of that page, about five lines fTOm the bottom, ulis is actualty
discussing the arrest that took police [sic1in October of200 I outside of a moyie
Iheater in Nevada and the sentence goes on to say, '\ was charged with three
misdemeanors. resisting arrest, evading a police officer and obstructing n po\\ce
officer.' Can you go into a little delail about the actual arrest'?
22
23
24
25
'In response to Ihe Slate Bar of Nevada's requesl for atTtdavits in support of apptieanl's
26 position, applicant submitted the atTtdavit of Amy Jones, dated June 13,2002. which stules:
2"
"Your affiant believes to the best of her knowledge, on or aboul December t, 2001. she
witnessed lach Coughlin place a hard copy of what appeared to be a lesl paper into the test
28 pile,"
-8-
No.
No. you can 'f go imo detail. or ti~ VOII
Well, I'm going to object to Ihul. .
\\'hat's your basis?
Well! given the IrUlguage III Ih" other secUons or tillS Ul'phnllhlll "hldl \11'1\1 \\ 111\
com'lctions. as 1 read this in section. 1 hcli ...,,( it':-: t ~ 1. th,~!!\ lUI t1ll'll!!'11I 1111
I would [sic] be under a duty to dtsdoSl' ," (Llqll\!\llil11l11fIlIlPII\'1I111111 11 ItI,
hne 25 through p. 11. lines I 18 .)
\~'hich
10
Q
A
Q
A
10
II
12
13
A
Q
14
15
Q
16
17
"~hat did you think were the reasons for hun h.'I IIlSIt~l.ltI: lill' 11l\'t'SIIj.(tlliuu'l
FITst off. I'd likc to object to this ns well.
What's your basis?
It would be similar to my lasl objection with rCNard lu yllllr \11It'Sltllll llh .. IUI IIIIII'
arrest, that there's nothing in this npplicution which rl'qUires 111<.' Itl l"~llhlll\
anything relnted to this incident, Ihn! LWIIS neither suspcmit'd. l1Xlll,lIt'd,
disciplined or otherwise as mentioned III the quesllon \\ Ithlllilus uppl,,tIlHlH Ih\11
goes to academic discipline.
So I'd like to certify that qucstion. Lctmc just sct the rt'('ord Ntlllighl N()w
you're refusing to testify about any questions rcganlillH,
Section I3.t, scholastic discipline.
You're objecting to testifying about any qucstiOIlN rcgllnlmg Ilus U\Vcstl~iUhlll.
the investigation perfonned by the law school?
Yes.
Now, you understand that you actually submitted thIs puper \() the ('uhh.Ullitl hIll
in support of your app li cation, correct?
Yes.
But now you're refusing to testi fy about l!lC contenls of the pllpCl', CUll'l~l'l'l
Yes." (Deposition or applicant at p. 14, hnes 2-25 through I). I S, hiles I ,\.)
A
18
B. Evasive Testimony
19
20
24
Q
A
"Did you smoke any marijualla that week prior to the an'est'!
I don't know," (Deposition of applicant at p. 18,Iine 2S throll~h p. II),II\I.S I
25
26
27
A
Q
A
28
21
22
23
,l.. )
"So, at the time of your arrcsl, is il your opinionlh,,1 YOII were lIollllltlO\ Ihe
influence of any drugs or alcohol?
Yes, I should ask you, what do YOll mcan by influence?
At the time of your arrest, were any alcohol or drugs in yuur systel\l'!
What do you mean by drugs? Is Ibuprofen a drug'/
Yes. What was in your system at the time of your atTeHt'l
I'm not sure," (Deposition of applicant at p, 20, lines ')20.)
-9II
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iIIl ouJdlcn ul YUIUIiUI "'!lW~ I'I/JIII'I
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of your n"pJil:UIICIII't
No,
What aboullhc bollom oflhe pUJIC where it luy,excculcd "n OJ 1'i I(\ and ,t's
.iFed Zleh Coujjhlin, i. lhal your handwrilinll'/
J'm not.IIft,
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28
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2
Q
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(,
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So
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Wrote
A
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14
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16
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17
18
}'(JU
"~ovin8 down to pilragraph three, it ltate; 'r started dnnkmg alcohol in my early
20 s and have lIever been more than a 1)()Cial drinker.' Oid you write that
sentence'!
I'm not HUrt.
Is thetl an accurate representation of your reJaliQO!Ihip with alC(lhol as of March
That's something thal's IiO subjective, I don't know how you could assign a level
of accuracy.
Did you start drinking alcohol in your early 20ll'!
I believe so.
As of March 19th 2CJCJ3, did you drink alcohol only .. a "",ial drink<-r'!
Could you define what a 8Qcial drinker is'!
Djd you have let me rephrase that. As of M(I,rch 19th 2003, do you believe that
you had a problem with alcohol'!
A
Q
A
()
A
Q
A
I'm not sure." (Depo,itlon of appltcant at p. 28,ltnc8 13-25 through p. 29., itncs
19
20
22
1-14.)
2J
4. Alcohol Addiction:
24
25
Q
A
Q
26
A
27
28
19th 2CJ03'!
15
21
,rAJ.
Q
you helieve Ihi' to he an
that lime"00
period'!
A
Q
clanty "'h, Wd
fl}f
Yes.
I'm not sure. It's a very loaded word. I can give you a rough estimation,
continue to UIe in the fact of negative consequences.
Would you characlcrize that to be the situation during law school?
I'm Il0l_. If. Vel)' lUbjective.
11
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thC~ll' C ulIllhl'!
nnt
(e) IJISI't)~IIIC.)N~t)I)Cjlll
I~
I he Stille Bar I'l'COIUllIl'lldH Ihlll nppllt'11I11 he found lUll In pusscstl lhc 8~md I1ll'lrtll
1/.
17
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y llLlI ujllld,Ul
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l{ule /I (11) of the HuJt:s Rcgu lutlllH Adllw:slon tu Pr;\ctil' O 1\1 ('n1ilbrnin proviLleRin
/I
24 II
25
26
27 f
ScciliUl I , '1'0 he di glhlc 1(1/ l'l'tlllkntioll hy till: ( 'UlIlIlIltt\.'l\U \1\\.' SUpl\.'I\l ...
Com l ()I'Calir(lfIlllIlu "nlt' tl!.:!.' IlIw III ( 'ulli"orniu, nil nppllt'l\I\IS llIuslmccl the
(h) RlIkX
Ruk X. Secliun I, u/'lhe Rules RCIIUluliulI AdmiN,"n, 10 I'm"I"'" III ( 'nil I\>n"" PIIlI'"k,
28 I in pertincnl purl Ihut: ".:very applicant .hall be of loud mornl chanll'II'r, lll,' It'lln "~,""I
12
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10 (1989) 49 CaI.3d 933, 938.) 1be court may =ej,c any O\idcoce ..-hich IcDds 10 . , . , ... hbe
II
applicant's] character for bonesly, integnlY, and gmenI morality. mel may no _ _
12
admission upon proofs that mig)" nol establish his guilt of my acts decla=! to be couses for
13
.41
15
18
Bar Examiners is a basis 10 exclude an individual from admis<ion. (BenuteUr. ,'. C__..... of
22
Applicant's failme to satisJY his financial obligations refleas poorly on his mnr.d
I cbanlcter. (See e.g., In tire Mauer o/Wright (Re\iew Dept. 1990) 1 Cal Slate Bar Ct. Rptt. 219
23 I [Lack of ccmc:em for creditors is a negative factor despite very modest finaDcial resources}.'
24
25
26
21
21 ,
......
,
(8) WITNESSES TO BE CALLED
2
Applicant bears the initial burden of proof in this proceeding,. IfapplicMt is able to meet
the inilial burden of Proof, the State Bar intends to call the [oUo\\;ng witnesses as rebuttal
witnesses:
I. Zachary B. Coughlin
(,
8
3. Las Vegas Metropolitan Police Department Officer Cho. Will testify about the events
10
II
12
California Highway Patrol. Will testify about the events surrounding applicant's January 23.
2003 arrest and authentication of documents. if necessary.
13
14
School af Law. Will testify about the events surrounding applicant's paper and e.mails in the
15
Cyberl aw law class taught by Professor T ratos. and authentication of documents, if necessary.
16
6. Taxalagist- Lab of Forensic Services Sacramento. \ViU testify about the results of
J7
II
JB
II
7. Kathy Crary- fanner State Bar Moral Character Analyst. Will testify about the
19
II
201/
B. Lynne Thingvold- Office of the Chief Trial Counsel Legal Assistant. Will testify
22 H
9. William Stephens- Office of the Chief Trial Counsel Investigator. Will testify about
10. Rob Walton- owner ofUnishippers. Will testify about contact with applicant in
25
relation to the smalls claims case against applicant, applicant's failure to pay for services
26
271
28
II. Sam Noble- manager of River Anns Apartments,1255 Jones St., Reno, NY 89503.
Will testilY about two unlawful detainer actions and judgments against applicant.
-15'OJ
,73
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18
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whl'n:in
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akulio\ :thultc
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appl,canl enrolled inl.AP Ill' was IC1I111nllle<l fromlh,< pro~,rllll'"11 ApIII/. !.OOh \\y klk'"
'II
25 ~ Authori::ulivlljiJ/" f)w'{os/I/"t'/II11{
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hi
27 I the requested authorization, At his (kpusitinll un MilIch ),. 1II07, ill'l'ltrlllll ,,'llI,ctl III
",,"Wrl
28
.17T
2
3
questirms regarding his Panicipation in LAP and refUSed to provide a renewed authoriz.ation. He
aboO refused
lQ
failure 10 COOperate .
fq}
MISCELLANEOUS
""one.
Respectfully submitted,
II
12
.
)
Datt April
Ii!
,2007
BY'~
'~GAN
I
16
17
21
22
23
24
25
26
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f\ n R.\R COl'RT
SA:\ FRANCISCO
) CO:\HOE:>iT\AL
\ .1 \'
)
\ CIS< '\0.
:.:.
..
\
\ REQliEST FOR STATUS CONFERENCE
\
) Pretrial Statements due: Apri\ \ 0,2007
) Pn'tna\ ('onf.: April 16. 2007 at \ \ a.m.
) rrial: \Ia) 8-\0,2007 at 9:30 a.m.
1 ;'C' ( \.'mI\HIt\."\.~ \,f H.lT r \..Ulun('t"$. of t11(' Slate Bar of California (""Committee"), through
Ob-M-\3?SS-PEM
l.~~t S~!~;lI\ ~
\.'\~'
h,Jf.;:U1"
t)i..'put~
~\1csts th:u a :-itat\l~ ,'\'nkp..~n~'~ bl..' s~hcJuk~ tn t111S maller pnor to April \ 0,2007, on the basis
.... , the
\t\'th. . "
prepare j
t,-~ (,'l'lpcl \t\~'n.'t":' anJ :\h'th.-'1l for Order Compelling Applicant to Submit to an
11.1'1"n<l('l11 \ ,,,h,"ll E',I\lUU"U"tl. \\ hich ,u'e cllm:ntl) pending before this Court.
Respectfully submitted,
~TATE BAR OF CALIFORNIA
.~
't>
'"
[);\!N
"I'" I
,l(lll1
",-sn:;!bWKAGAN
Deputy Trial Counsel
~~
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1
2
3
4
5
6
7
8
l
.J<
9
10
11
12
13
ZACHARY B. COUGHLIN
) Case No . 06-M-13755-PEM
)
.
) MOTION TO COMPEL ANSWERS;
) MEMORANDUM OF POINTS AND
) AUTHORITIES; DECLARATION OF SUSAN 1.
) KAGAN
)
) [Code Civ. Proc., 2025.480]
)
In the Matter of
14
15
16
17
18
---------------------------)
19
20
PLEASE TAKE NOTICE THAT the State Bar of Cali fomi a, by and through Deputy
21
Trial Counsel SUSAN I. KAGAN, hereby moves the State Bar Court for an order compelling
22
answers at deposition.
23
This motion is made pursuant to Code of Civil Procedure ("CCP") sections 2025.010 et
24
seq., on the grounds that the answers are relevant to the subject matter of this proceeding, are
25
likely to lead to the discovery of admissible evidence and do not relate to privileged matters.
26
27
This motion is made on the further grounds that the applicant's refusal or failure to pennit
discovery in this matter js without merit.
28
-1-
This motion is based upon the attached Memorandum of Points and Authorities, the
attached Declaration of SUSAN I. KAGAN and all documents on file with the Court in this
matter.
Respectfully submitted,
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
-2-
1
2
issue of alcohol abuse as part of his application for admission. Yet, at his deposition on March
2,2007, he refused to answer questions regarding his addiction to alcohol on the basis of privacy
and confidentiality. Certified copies of the relevant portions of the deposition transcript are
7
8
9
10
11
12
13
14
15
In accordance with CCP sections 2025.460(d) and 2025.480(a), the State Bar moves for
16
an order compelling applicant to testify about his addiction to alcohol. The issue of applicant's
17
alcohol addiction is relevant to this matter. Without applicant's testimony on this issue, the State
18
Bar cannot adequately prepare for trial. Moreover, since applicant raised the issue as part of this
19
proceeding, his objection to testifying about his alcohol addiction on the basis of privacy and
20 confidentiality is without merit. Based on the foregoing, good cause exists for an order
21
22
Respectfully submitted,
23
24
25
26
27
Dated: March
tD. ,2007
GAN
28
-3-
1
2
1.
employed by the Office of the Chief Trial Counsel of the State Bar of California. All statements
made herein are true and correct and if called upon, I could and would competently testify
thereto. On September 7,2006,1 was assigned to represent the Committee of Bar Examiners
8
9
2.
10
contended caused some of the conduct investigated by the Committee in relation to its moral
11
character determination.
12
3.
On July 19, 2004, pursuant an agreement between applicant and the Committee,
13
14
wherein he agreed to have his recovery from alcohol addiction monitored by State Bar of
15
16
4.
17
Disclosure and Release ofInformation which allowed LAP to disclose information to the
18
Committee about applicant's participation in LAP. This authorization lapsed in June, 2006.
19
5.
20
6.
21
7.
By letters dated November 21,2006 and January 3,2007, applicant was requested
22
to provide a renewed Authorization for Disclosure and Release of Information form in order for
23
the Committee to investigate the circumstances surrounding his termination from LAP.
24
25
26
27
8.
To date, applicant has not provided a renewed Authorization for Disclosure and
28
-4-
10.
On March 2, 2
deposition, applicant refused t answer questions regarding his addiction to alcohol on the basis
11.
On March 14,2 07, pursuant to CCP section 2016.040, the State Bar sent a letter
to applicant in an attempt to in ormally resolve the issue. Applicant was requested to respond to
12.
I declare under penalty f peIjury under the laws of the State of California that the
10
11
To date, applic
t has not responded to the State Bar's March 14, 2007 letter.
12
13
14
Declarant
15
16
17
18
19
20
21
22
23
24
25
26
27
28
-5-
1
1
2
5
6
In the Matter 0
7
ZACHARY B. COUGHLIN,
8
9
10
: Case No.
: 06-M-+3755-PEM
=====================================
11
12
13
DEPOSITION OF
14
ZACHARY B. COUGHLIN
15
March 2, 2007
16
Reno, Nevada
17
18
19
ERTIFIED
20
EXHIBIT
21
22
23
Reported by:
24
25
BONANZA
(775) 786-7655
py
29
1
As of
with alcohol?
that time?
1,0
11
12
~lcoholic
~hat
is?
an alcoholic is?
a 1 co h0 1 i cis .
13
14
. 15
16
Alcoholics Anonymous?
17
18
19
20
21
word in that is
Q
anonymous~
22
23
Anonymous?
24
25
I believe
did, yeah.
BONANZA REPORTING-RENO
(775) 786-7655
30
new~paper.
10 '
have read
11
okay.
12
t~is
13
the original.
14
15
16
17
18
~9
con~ected
20
21
22
exhi bi t?
23
exhibit.
24
25
this is
I'd like to
Su~an
Yes.
How do you recognize it?
BONANZA REPORTING-RENO
(775) 786-7655
31
1
mail?
I~ent
9
10
11
I believe so.
12
13
14
goah~ad
15
16
17
18
you're handing
19
don't know.
m~
You don't
20
No.
21
22
. 23
24
Q .
25
A .
BONANZA REPORTING-RENO
(775) 786-7655
32
1
2
Yes.
NO.
10
11
12
13
would
14
b~
sobe~?
15
16
don't know.
17
18
19
There's alcohol in
20
,DO
21
No.
22
23
beverage?
24
25
youd~ink
alcoholic beverages?
BONANZA REPORTING-RENO
(775) 786-7655
33
something I said.
Excuse me?
10
question.
11
12
13
No.
14
15
Anonymous?
16
17
18
19
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21
Alcoholics Anonymous?
A
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23
24
25
five years?
BONANZA REPORTING-RENO
(775) 786-7655
34
1
2
3
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A~y
Yes, I have.
. meeti ngs?
pu rposes.
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stronger
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BONANZA REPORTING-RENO
(775) 786-7655
35
-question.
there.
Alco~olics
Anonymous?
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consternation.
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17
. school? .
18
August of '99 to
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20
Dec~mber
of '01.
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~lcohol
Amendment~
BONANZA REPORTING-RENO
(775) 786-7655
36
,.r -" ..
1
2
3
Do you know
approxi~ately
Yes.
Yes, both.
.A
NO .
10
alcohol?
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13
addiction?
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16
Yes.
17
I can
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of negative consequences.
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I'm not
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sure~
BONANZA REPORTING-RENO
do you believe
(775) 786-7655
37
I object to that.
6
7
school?
10,
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privacy.
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AS
BONANZA REPORTING-RENO
(775) 786-7655
38
NO,
.1
because of privacy.
Isn't it true
NO, this
1S
10
11
not su re.
12
I believe so.
13
It's a letter
14
IS
16
Thibault,T-h-i-b~a-u-l-t,
17
Exhi bi t 6?
18
19
Yes.
21
I~m
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25
Do you recognize
confidential document?
Q
23
director.
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22
I'm
it's confidential.
Q
please
BONANZA REPORTING-RENO
(775) 786-7655
39
Yes,it is.
6
7
thara~ter
cases.
If you
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okay.
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confidentiality.
Q
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25
BONANZA REPORTING-RENO
(775) 786-7655
Do you
40
>~
recognize Exhibit 9?
Yes.
HOW
sent me.
I believe I did.
8 >
sentence, "AS you know, the State Bar has requested you
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above-referenced matter."
Did you provide the LAP authorization form to
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~eceipt
of this letter?
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grounds.
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confidenti~lity
21
Yes.
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BONANZA REPORTING-RENO
(775) 786-7655
41
1 .
ti me .
I'm handing you what's been marked Exhibit 10.
letterhead.
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8
9
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I believe so.
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the State
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B~r
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20
~onfidentiality
grounds
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Q -
23
form to
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19
authori~ation
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25
BONANZA REPORTING-RENO
(775) 786-7655
42
Huh-uh.
autho~ization
'7
proceeding?
Yes.
10 '
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12
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at this time?
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A '
I don't know.
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18
this form?
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provide it to me?
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NO,I won't.
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, 25
th~t
dependency problem?
BONANZA REPORTING-RENO
(775) 786-7655
43
1
Q.
7.
8
9
substances or . narcotics?
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..
school?
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I'd like to
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that question.
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THE WITNESS:
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BY MS. KAGAN:
Q
BONANZA REPORTING-RENO
(775) 786-7655
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1
california.
okay.
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correct?
16
Yes.
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medications?
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medications.
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25
(775) 786-7655
answer
103
1
4
5
that question?
A
didn't believe
practice law.
10
that ti me?
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sure.
Q
chemical dependency?
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16
So as of September 28th
sorrY,as of
17,
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chemical dependency?
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By a medical provider?
23
Yes.
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.A
25
BONANzA REPORTING-RENO
(775) 786-7655
104
that treatment?
~6
1n AA?
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11
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strik~
that.
In 2002
A
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17
1 i fe.
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In 2002 then,
other people's?
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25
BONANZA REPORTING-RENO
(775) 786-7655
105
.~,
5
6
10
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hundreds of meetings?
A
reason why.
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beneficial to me.
Q
M r .C 0
~o
I don't
control
strike that.
BONANZA REPORTING-RENO
(775) 786-7655
106
00 you believe t~at you abuse or have problems
1
.
2.
At this time?
Yes.
No.
Can you
don't know.
why
don~t
you drink?
I think I'm better off not
10
drinking.
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12
what is that?
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probably.
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21 .
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me.
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reason~
that you go
f~r?
BONANZA REPORTING-RENO
(775) 786-7655
129
1
Yes.
California?
Yes.
I believe so.
9,
deposition.
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'<::;. :, .. '
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2004?
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issu~s
If
that is what I'm doing, I'm not sure why I'm doing it.
Q
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25
BONANZA REPORTING-RENO
(775) 786-7655
130
1
Can
keep this?
that to you.
Okay.
10
I donlt have
dis~uss
your
11
Sure.
12
13
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15
think that
withalcoholt9day.
okay.
16
17
Anonymous?
18
Itls not
19
like the NRA where you register with s6mebody and you
20
pay dues.
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22
Alcoholics Anonymous?
23
Yes, I do.
24
25
BONANZA REPORTING-RENO
(775) 786-7655
131
1
W~ll,
I don't drink, so --
drinking
lS
No.
10
Okay.
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true statement?
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Amendm~nt
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informal conference.
Is that
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yo~
atr~e
statement?
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State Bar.
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BONANZA REPORTING-RENO
(775) 786-7655
Do you
134
1
STATE OF NEVADA
COUNTY OF WASHOE
ss .
3
4
iJj'~ __ , the
~ __
deposition of
day of
.n
~n
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couns~l
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BONANZA REPORTING-RENO
Susan 1. Kagan
Deputy Trial Counsel
SIK
EXHIBIT
1:2.-
I, the undersigned, over the age of eighteen (18) years, whose business address and place
of employment is the State Bar of California, 180 Howard Street, San Francisco, California
94105 , declare that I am not a party to the within action; that I am readily familiar with the State
Bar of California's practice for collection and processing of correspondence for mailing with the
United States Postal Service; that in the ordinary course of the State Bar of California's practice,
correspondence collected and processed by the State Bar of California would be deposited with
the United States Postal Service that same day; that I am aware that on motion of party served,
service is presumed invalid if postal cancellation date or postage meter date on the envelope or
package is more than one day after date of deposit for mailing contained in the affidavit; and that
in accordance with the practice of the State Bar of California for collection and processing of
mail, I deposited or placed for collection and mailing in the City and County of San Francisco,
on the date shown below, a true copy of the within
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in a sealed envelope plac"ed for collection and mailing at San Francisco, on the date shown
below, addressed to :
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Zachary B. Coughlin
945 W. 12th Street
Reno, NV 89503
in an inter-office mail facility regularly maintained by the State B~ of California addressed to :
N/A
I declare under penalty of perjury under the laws of the State of California that the
foregoing is true and correct. Executed at San Francisco, California, on the date shown below.
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SIGNED:
rB~~~b-a~r-aA~.TP'e-rry------------------
Declarant
scon
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[3
In the Matt er of
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15
ZAC HARY B. COUGHLI N,
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An Appli cant for Admission
18
------------------- )
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20
I NT ROD UCTI ON
21
The State Bar of California, appearing by and through Deputy Trial Coullsel SUSAN I.
22
KAGAN, hereb y moves Ihi s COLIn for an order requ iring applicmH to submit to an independent
23
medical examination by a ph ys ici an certified in addiction med icine. pursuan t to sec tion 6053 or
24
the Bu sin ess and Professions Code (he rea fter. "sec tion 6053"') and rule 184 orthe Rul es of
25
Procedure o f the State Bar (h ereafter "nile I S-r') , for good cause shown.
26
The basis o f thi s Illotion is that applicant cla ims to havc a history o f alcohol abuse. which
of the
co nduct invcstigalcd
by the C OTllmittce in
27
28
character detcrmination. H owcver, these claims arc so lely based on ap pl icant's sdf-rcport: he
has nOI submitted medical evidence demonstratin g an addicti on to alcohol. or recovery from his
2
addic tion . In fact, even thou gh he rai sed the issue as part o f thi s proceeding. as set fo rth below.
4
5
In view of the foregoi ng. good ca use exists fo r thi s Cou rt to order an examination by a
physician certifi ed in addiction medic ine in order to determine whether applicant has recovered
7 !h
RELEVANT FA CTS
On July 8.2004, ap pl icant partici pated in an info mlal conference with the Commillee in
relation to its moral character delermillalion . At the co nference. applicant firsl raised the issue
10
o f alcohol addicti on. Specifi cally, in response to question in g abollt certain incidents inves tigated
II
by the Committee, applicant stated: "There's a big change from those times and it would be that
12
on January 1,2002 I became a sober mem ber o f Alcoholics Ano nymous." He furth er stated:
13
"Alcoholism is in my genet ics, yo u know- it's somet hing that 's really exacerbates my character
14
de fec ts." A copy of the tran sc ript from the in fonn al hearing on J uly 8, 2004, is attached hereto,
15
16
17
By letter dated July 13, 2004, th e Committee ad vised applicant's counsel that it wo uld
not recommend ap pl icant's adm ission, but offered to ho ld his application in abeyance, "so the
18
Comm ittee may evaluate his recovcry from alco hol abuse." As part of the abeyance agreement,
19
appl ican t was req uired to pal1 icipate in the Stat e Bar of Ca li fomi a's Lawyer's Ass istance
20
Program (" LA P"). f\ copy of the Committee's Jul y 13, 2004 letter to applicant' s counsel is
21
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On J ul y 19,2004, pursuan t to th e parties' agreement, app licant execu led a Slipular ion
Purs uant to Rul e X, Sec tion 4 ("Abeyance Stipulation") wherein he agreed to have his recovery
24 fro m alcohol abuse monit ored by LAP . A copy of th e Abeyance Stiplrlat ion is attached hereto.
marked " Exhibit 3. "
26
Applicant d id not cnroll in LA P unlil J une 30, 2005. I A copy or lhe LA P notification of
27
part or th e abeyance agreement, appli cant provided an AIII/Jori::af/oll for DIsclosure
and Release of lllf0l'lI/allon which allowed LA P to d isclose infonnation to the COlllmittee about
I As
28
-2-
/
enrollment is allached heret o, marked "Exhibit 5:'
On April 7, 2006, applicant was tenninatcd fro m LAP . A copy o flh e lennin:llJon letter
2
3
l3y letters dated November 21,2006 and January 3, 2007, :lpplicanl was requested 10
5
provide a renewed Aurhon:mlOlI for DlscloslIre (lnd Release of /11[01'11/(/11011 fOfm in order for the
Co mmittee to investigate the ci rcumsta nces su rrounding his lenninmion from LAP. Copics of
7 th e letters arc attached herelo. marked "Exhibits 7 and 8; ' respec tivel y. To dale. applicant has
10
addiction
II
Release of Illformalioll foml . Copies of pages 29n, 10206 and 129131 from the transcript of
12
the deposition of Zachary B. Coughlin on March 2. 2007. are attached hereto. marked "Exhibit
13
9:"
10
To date. applicant has failed to s ubmit any medical evidence demonstrating that he has
14
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16
!!h
AR GUI\ I ENT
17
Applic;mt's Sclf Report ofa Hi story of Alcohol Abuse Has Pl aced Il is Mental
Health at Issue: Good Cause Exists For Thi s Coun To Order a Medi cal Evaluation.
19
In a mo ral chamctcr proceeding. the issue before the Coun is whethe r applicant "is a fit
20
21
22
n C:lUd
SI(Jle
I O~ 1. 105 I.) In this matter. applicant clai ms 10 have an addiction to alcohol. Since
his addiction may directl y effect his fitness to practi ce law, he placed hi s men tal health at isslle
24 "formal/all is attached hereto. marked "Exhibit 4."' Thi s authori.lation lapsed in J une, 2006.
,- )
26
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!As pan of the abeyance agreement. applicant sub mitt ed the follO\\ing medical repons to
the Com mittee: I) Robert E. Hunter, Ph.D., dated May 21.2002: 2) Oliver Ocskay, Ph.D .. dated
August 16, 2004, December 11,2004 and December 21. 2005; 3} ivlujahid Raslil. ~I D . dated
February 15,2006; and 4) Alan Wong. M.D .. dated March 27. 2006. Copics of the reports arc
attached hereto. marked "Exhibi t 10:' None of the reports add ress applicant's reco\ cr) from
alcohol abuse.
-3-
-.
by making Ihi s claim. Section 6053 and rule 184 allow mental health ex am inations
III
State Bar
proceedings on limited grounds. Secti on 6053 pro vides in pertinent parI that \\ henever the
mental or physical co nditi on is a material issue in a State Bar in vesti gati on or proceedmg, th e
Stat e Bar Court may order an exam inatio n by one or mo rc phys ician s o r psychi atri sts des ignated
5 by it and Ihe report s o f slIch persons may be recelved in evidence inlhose proceedings. A
6
mental examination under thi s secti on is proper ifi' is the lcasllillruslve means in delenll illin g
an appli cant 's mental co ndition . (See III the Maller of Respondent
f)
In any proceeding in wh ich the mental or physical co nd itIon of a member is at issue. and
to the extent that dI scovery is permitted by ntl e or order of the Court :
10
II
(I) The State Bar may move for an order requirin g th e member who IS subject of
12
13
14
As set forth above. applicant placed hi s 1I1enlal health at iss ue. Presentl y. his cla im of
15
16
alcohol addict ion is based 0 11 his self- rcport : he has fa iled to submit any medI cal ev id ence
17
addressi ng alcoholi sm, or demonstratm g that he has fully reco\ ercd fro m his cla imed addlcl1 on.
18
WlIhout such evidence. a dC!Cnll inati on on his fitness to practice law cannot be made.
Moreover, based on appli cant 's n.:fusal to answcr qu estI ons about hiS addiction al lllS
19
20 deposi tion and refusal to pro vide a renewed LAP authori zati on foml. th e least intruSIve mea ns in
21
determinin g his current co nditi on is through an ex amination by a ph ysici an certifi ed in addi ctIo n
m ~dl c jn c
Based on the forego in g, good cause exists to order appli cant to undergo a mental health
24
examinati on so lel y on the issue of substance abll se by a phys ici.. n ce rtifi ed in addictio n medi cine
25
to address the issues of add ic tion. recovery, poss ible current unresolvcd addI cti ons and the
26
likelihood of relapsc.
27 //1
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--1-
CONC L US ION
Based on the foregoing, the State Bar respec tfully req uest s this Court to order: (I) that
3 applicant be eval uated by a phys ician certified in addiction medicine; and (2 ) that the
examination be conducted and th e report be prepared and provided to the Co urt and the Slate Bar
Respectfully submitted.
10
II
..z. 0
. 2007
8\'s. ~~~~~;===~~
. ' AGAN
Deputy Trial Counsel
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-5-
Lawson:
I'm Debra Lawson. I'm here for the infonnal conference of Zachary Coughlin. And I'd
like to note for the tape proceeding that you are here accompanied by your counsel,
Jerome Fishkin. The committee members will introduce themselves and they'll get
started with your conference.
Mark DeCastro. Whitney Henderson. Morning. Thank you for joining us today. We're
here to have an infonnal conference to help us determine if you have the requisite good
moral character to be able to practice law in California. The burden is on you to establish
that to our satisfactionand the session is being tape recorded. You are welcome to
request a copy of that after the session. Before we get started do you have any questions?
Coughlin:
No.
Okay.
There are several incidents in the records here that we're going to talk about, but before
we or before I ask any questions about the specifics, my concerns generally lie in the area
of how you handle stress. Your what I perceive as a disrespect or a disregard for the law
and authority and your candor, so kind of in the course of the questions that get asked
here that's where I'm coming from. And what I'd like to start with is how you handle
stress or how you've handled stress in the past. And I'd like to know what is different in
your life now in tenns of they way you handle stress as opposed to the various incidents
that include the incident at the movie theater and your being there without paying. Your
running away from that scene and eventually being caught by the police. The traffic
citation and you know the things with your parents and your girlfriend. What's different
in your life now than then, and how are you handling the stresses in yourlife?
Coughlin:
There's a big change from those times and it would be that on January 1, 2002 I became
a sober member of Alcoholics Anonymous. I had a slip in January of the following year
and, culminating in my arrest.
Coughlin:
January 1, 2002 and then I had a slip of January of the following year culminating in the
arrest for driving while intoxicated which was a reduced to dry reckless conviction.
From that time I have been a sober member of Alcoholic's Anonymous, going to
meetings on a daily basis at least sometimes more than one a day, meeting with my
sponsor, on a weekly basis, reading a good deal ofliterature in that regard. Pretty much
all of the A.A. literature that's out there, from The Big Book to Twelve by Twelve to As
Bill Sees It to some more peripheral literature like Not God. and just about anything
-1-
related to AA I've read. I've also read and become more active in spirituality - books
like "The Power of Now," have become important to me, going to church, praying a lot
more, participating in the fellowship of AA has been big because it's given me a
network of support and people with whom I can discuss situations that have given me
stress in the past that I've had problems with. It's helped me identify my character
defects and attempt to have, when they arise - to take a moment to pause, recognize that
they are there and have the willingness to do what was necessary to change them.
Q
Were you using any other drugs of choice besides alcohol? Marijuana or anything else?
Coughlin:
Since then?
Coughlin:
No.
Coughlin:
None.
Is January 2002 when you stopped denying that you had a problem or what happened in
January 2002 that made you tum to AA?
Coughlin:
Life had just become too painful, too upsetting. The incidents at the, in the prior six
months to that there had been the incidents at the law school, the arrest at the movie
theater, personal things such as breakups with my girlfriend, and Ijust really felt that
some changes, some serious changes were necessary for me to go on. And pretty much
has amounted to a nearly a complete psychic change in me from who I am. It didn't occur
you know like a flash of light. It was more of a educational variety of just day in and day
out of putting in the work and the time, and having the faith that if I kept working at it I
would be able to become a different person.
Okay. So I guess you had some incidents, and made a decision to join AA You were
going along. I'm assuming there were some ups and downs and then a year later, you
slipped. What was the reason for that and what's happened since then that you haven't
slipped since then, assuming that you haven't?
Coughlin:
The reason for the slip I'd just have to say I take full responsibility for it. I can't point to
anything that made me do it. I'm responsible for my actions and ....
Coughlin:
Wine.
Coughlin:
Not really, I mean but I shouldn't, it should be absolute abstinence. I've had enough
-2-
damage and wreckage in my life in and around alcohol that I shouldn't try to drink at all.
You know - I was ...
What happened at that, did something in particular happen or did you just say well, I'm
not going to be able to handle the drink and then just..
Coughlin:
I thought that enough time had passed at that point where perhaps I could drink you know
lightly, socially wine with dinner once in a while.
Were you having dinner with the wine or were you out with friends or at a bar or ...
Coughlin:
Usually I was home having dinner. I had just started at a firm where drinking was fair1~
prevalent, so I think now if! was in that position again I would you know draw a real hne
on a social level with the people I work with.
So at the time you kind of felt pressured to fit in, to drink with them or?
Coughlin:
Internal pressure?
Coughlin:
Yeah.
And so it's been sixteen months since you've had a drink or thereabouts?
Coughlin:
uhhuh.
And about that same amount oftime since you have had marijuana?
Coughlin:
That's correct.
And other than A.A. what else do you have in your life as part of your support system
that helps you handle the stresses that are attendent to life.
Coughlin:
I see a psychologist at least once a month. I was seeing him weekly for a period of
approximately twelve weeks and starting in February of or March of2003 actually,
named Dr. Ocskay. He conducts traditional psychotherapy with me. We delve into some
issues that I think have been troubling to me, and the work we have done I think has
helped me face those and develop better patterns of behavior. Specifically some of those
issues were being an adult - child of alcoholics. I developed like, as is common with
people like that, some knowledge - active character traits that don't really fit in very well
with society, so I had to look at those, find out why, such as like you were referring to
problems with authority it's very common, a feeling of being persecuted and being
defensive, the source of things, isolating yourself, which doesn't, isn't something that's
gonna help reduce stress, rather one should reach out to friends and have a support
network ....
-3-
Coughlin:
So, you saw Dr. Hunter in 2002 that was for eight sessions, right? And then at some point
after that you started seeing your current doctor and, you said initially weekly for about
twelve weeks and since that time, a little over a year now, once a month.
Coughlin:
That's correct.
Okay. And anything else in terms of your support system and places you go to help you
deal with your stress?
Coughlin:
Well, A.A. has created a few support systems for me. I have- three hundred times more
friends than I had before I went into that because there's so many more people I relate to
and have phone numbers and have called them up. Also, I had a condition, a chronic pain
condition in my back and neck .. .I'm sorry could I get a glass of water? My mouth is
really dry. A chronic pain condition in my back and neck that was sort of causing me a
lot of stress or stress was causing the condition and I think my alcoholism, my character
defects, specifically, having a self pittying(?) type of personality-blaming other people
for my problems and having too much pride or too much false pride or ego-was
contributing to my back problems, my physical problems because when you are walking
around carrying all this negative toxic energy it dissipates all of your vitality and that can
really cause a lot of back problems, specifically upper back problems which is what I had
in the thoracic. So, that was, that can make you very irritable so taking care ofthat back
problem was very important. It wasn't as important as taking care of the alcoholism, and
in some ways addressing both of them are going to help the other, but I've gone to about
thirty appointments for acupuncture, around twenty five chiropractic appointments, I've
done twelve. weeks of physical therapy-I do a lot of meditation work in monitoring my
breathing, my body and I've read a good deal of literature in that regard and listened to a
bunch of self help tapes so that I can notice some triggers of when I'm beginning to carry
tension in my body-and it's going to result in a build up of stress-and you know back
pain whlch is really seemed to exacerbate my character defects and make my behavior
more inappropriate.
What's the most stressful situation you've been under in say the last year and how did
you handle that?
Coughlin:
Last year probably the most stressful situation would relate to my work. I have a business
where I sell mattresses. It's an internet business and I send them through the mail. That's
been stressful in that it was kind of undercapitalized .to start and my business acumen
wasn't that great. I handled that largely through prayer and the help of people in A.A.
Also, I go to Al Anon and adult children with alcoholics meetings and I became aware
that I often try to compensate for feelings of inadequacy by trying to gain achievement or
looking outside myself for reinforcement and that can mean working too hard, not
knowing when to rest, not knowing when, if I'm hungry, angry, lonely or tired. I need to
stop and address those feelings or problems rather than trying to just bull through it and
-4-
make more money or accomplish more things. Like I took the Bar Exam a ye.ar early in
law school, you know, which was a very poor decision in terms of the e~fect It had o~ my
body and my mind and it showed in alot of the incidents that happene~ m that fol.lowmg
semester. So that's helped with dealing with the stress related to runmng the busmess.
Coughlin:
Mmhm.
Okay.
Coughlin:
I'm trying to find work in the legal field and I've had on part time or case by case basis
some research work. But I started the business because it did not appear that there was
sufficient work out there to stay fully employed.
And you run your business out of, from Nevada, or here ..
Coughlin:
From Nevada.
Can you explain what's happening with your conditional admission to Nevada. I guess
they haven't heard from you in a while. What exactly has been transpiring there?
Coughlin:
I got a deferment order from the Supreme Court after the Nevada Character and Fitness
Committee had issued a recommendation that I get licensed. It called for the court to
defer it's decision to October 2003; that time came and passed. So I kept waiting to hear
from them. I called them asked them if there was anything that I needed to do to update
it or further the situation, they said no the court will respond when they do. I have
spoken with the Director of Admissions in Nevada and she indicated some ofthe things
that might help further the process along such as having Dr. Ocskay write some reports. I
requested that Dr. Ocskay do that and he has done that and in fact sending one in this
week. In the near future, my attorney-I spoke with him. He'll be requesting .....
So as far as you're concerned you've satisfied all of the affirmative obligations on your
part during this probationary period or you haven't?
Coughlin:
I've, as far as I'm concerned I have. From what I understood, it was to go to the
psychologist on a monthly basis. I've done that, complied with the rules of the court, I've
done that.
Did you submit...up until now you have not submitted those records and your doctor has
not submitted records saying that you have been in counseling?
Coughlin:
I've been submitting the quarterly reports. I requested at the beginning of our sessions
that Dr. Ocskay do that. And from my reading of the order there was some confusion as
to whether the reports that were submitted by me would satisfy the order or whether Dr.
Ocskay himself would have to supply something separate and apart from what my
quarterly reports contained. I think I've been remiss in not prompting Dr. Ocskay more
-5-
to do something. However on several occasions I've mentioned this to him and he does
just seem a bit uncomfortable with it and it seems that he doesn't really know what the
Bar wants.
So regardless of whether or not he's done anything you've sent in quarterly reports every
quarter since the order was signed in December 2002 through October and currently.
Coughlin:
Yes.
Did you sign the release allowing The State Bar to access your counseling records ...
Coughlin:
Yes.
One ofthe conditions was to abide by the Nevada Supreme Court rules and Rules of
Professional Conduct of the State Bar of Nevada and subsequent to the date ofthe order
and the date of your signing the agreement, you had an arrest. How does that fit in with
complying with the terms of the agreement and the order? Your agreement to abide by
the order.
Coughlin:
Coughlin:
I wrote the Nevada and California Bars indicating the circumstances of my arrest.
Coughlin:
I've heard from them in that they told me they got my letter but nothing more specific
than that.
Coughlin:
Coughlin:
Yeah.
The circumstances surrounding the arrest. Could you talk about that.
Coughlin:
Yes.
Coughlin:I was stopped at a stop light, a police officer drove past through the intersection past me and
he noticed that I wasn't wearing my seat belt. He turned around and pulled me over. I had had about half
a glass of wine that night, my blood alcohol test indicated it was a .01, which is, originally it said .00,
-6-
which is, indicates that practically no alcohol was present. I think I haven't the right amount of zeros in
there. The officer indicated that he thought I had smoked marijuana and he arrested me-immediatelyafter I questioned whether I needed to take a breath test for alcohol. I was taken to the station, arrested,
took the urine drug screen, tested positive for marijuana.
Coughlin:
The police report would indicate that you had-it was more-I think your statements had
said that there may have been a trace from the clothes you had wore to the sweater often,
but you hadn't smoked in some time. The police report suggests that you may have been
smoking in the car. I mean the smell was that strong coming out of the car when he
approached. How do you explain your side ofthe story and the officer's side of the story?
Coughlin:
Well, I'd wear the same sweater a lot you know in my apartment because I wouldn't turn
on the heat. The times that I did smoke marijuana it was on that sweater. I wore that
sweater out that night.
Were you around people who had been smoking that night? I mean there's a difference
between having an article of clothing and it's like oh you know you've been around
people who smoke and you go, "I smell like I've been smoking."There's a difference
between your smelling like you've been around smoke and smoke wafting out of your
car, so I'm trying to understand the difference between your story and the officer's story.
Coughlin:
I don't recall being around people who smoked that day. The officer- I don't necessarily
agree with some of the things in that report, but that was his opinion.
And you definitely were not smoking in the car that day or had even had a smoke that
day or the day before?
Coughlin:
That's correct.
How does, assuming your ultimately living in Nevada and California, how does
California fit in with your plans when you have a residence in Washington and went to
school there and then you live in Nevada and why California?
Coughlin:
I'm very fond of California; specifically San Francisco, San Diego, Sacramento. I'd like
to move here and practice. Perhaps maintain a practice in both states.
Coughlin:
~atent law would be something I'd be interested in doing. I'd like to do some public
mterest type work. In that regard, California is-specifically the ninth circuit is a state that
I would like to be a part of
I'm gonna ask a question because we've talked about the handling stress, so you don't
-7-
need to explain why or what kinds ofthings were happening in your life that brought you
to the kind of mind set you were in when you took the cyber law course during the
summer and then subsequent, but I'm going to ask you point blank: did you write and
turn in the paper that you claimed you turned in for that class?
Coughlin:
And your decision to turn in only a hard copy and not abide by the requirements of the
professor, I'd like for you to talk about that a little bit and why, you know you don't look
like a kid to me, you're younger than I am, but I know enough about computers to know
that you save everything you do and something that's as important as the work you do in
law school- you want to make sure you have it and I'm assuming you know you spent
time to do an eighteen page paper, something you might need as a writing sample or
something at some other point. How is it possible that you don't have a copy ofthat to
make sure that when things didn't quite turn out the way they should have that you could
fix that situation?
Coughlin:
Well, as far as the first part of the question. I wasn't aware, I went to the class the day
the paper was due with a hard copy in hand. I had missed the last ten minutes of the class
where the professor had apparently announced that he wanted a digital copy as well for
the purpose of loading it on to his laptop to read while on a plane flight. I had been
present in class when the professor had said he had wanted to upload the papers to a
cyber law website that was going to be created. I wrote the paper in somewhat of a
hurried manner. I was going to take the Nevada Bar Exam the next week, so the paper
wasn't very good in my opinion. I didn't want it to be on a website because I didn't think
it was indicative of what I was capable of but rather that it was poor and hurried work.
When I got to class and noticed people were turning in disk copies as well as hard copies
I assumed that it was for the purpose of loading it on to the cyber law website. I wrote
atop the paper that I did not wish for my paper to be included on the cyber law website
and as such would only be turning in a hard copy. That was a poor unilateral decision to
make. I shouldn't have done that. I should have obeyed whatever the professor had said.
And it's further indicative of my level of disorganization at that time you know and the
latter stages of alcoholism-not very organized, missing the last ten minutes of class,
missing when the professor said why he wanted that copy. It's slightly arrogant,
impetulent to you know right that atop the paper.
Did you think to ask any of your fellow students or the professor directly I mean, what's
going on here, do I need to submit something that's just a hard copy, or?
Coughlin:
I asked the students sitting around me whether we needed to submit an electronic copy
and some of them said I think so and some of them said yes. I believe I meant to submit
one anyways in addition to what I wrote atop the paper, but ultimately didn't; went on to
getting ready for the Bar Exam and taking it and either forgot about it or thought what I
wrote atop the paper was sufficient. In regard to-I had-just to make the point I, a few
students did sign affidavits saying they saw me turn in the paper.
Coughlin:
No, I'm saying the way I would read that. My interpretation is they saw you tum
something in. How did they know it was that paper or not? Unless they sat and read it
and said, "Oh yeah I read it and that was the paper." Otherwise it's you putting
something in-you know people are piling stuff on-who knows what you turned in. If you
turned in anything at all. And I am not saying you didn't, I'm just clarifying.
Coughlin:
As to the latter part of your question, whether I had a back up copy of it. I had written it
on a laptop computer. I was living with my girlfriend that July. The computer's reading
arm on the hard drive broke off and the USB port got cracked in some way. I took it to
Best Buy to get it fixed and several other computer places. They informed me that the
computer was pretty much unfix able absent some expensive data recovery type services.
I was remiss in not making a disc back up ofthe paper. Again that's indicative of being
an alcoholic--not taking all of the steps and being present and being responsible--thinking
you can print off a paper and tum it in and you know ...
Were there more than two drafts ? Do you have the draft that you turned in that had
various comments-and then understand-wouldn't have wanted anyone to be privy to and
then there was the draft that you turned in. Were there more drafts than that? You wrote
your initial draft with place holders and then you worked on it and that next draft was the
one that you turned in since it wasn't what you call up to your quality. Those were your
only two drafts?
Coughlin:
That's correct.
Coughlin:
I think it was saved on my Hotmail account. The one with the blue or purple language in
it. I had emailed it to myself, I believe.
Okay, and you didn't think to email the final draft to yourself so that you would have it.
Coughlin:
. Well the final draft I had taken that draft and the paper was due that afternoon and I
worked-so I took that draft and worked on it all day at the school library or the school
library computer place. I got it into a final form and printed it out.
So the draft that you emailed to yourself, you opened up that email at the school, worked
on it, when you got it finished or to whatever you thought was what you were going to
turn in, you just printed it and that was the end of it?
Coughlin:
Yeah.
Coughlin:
I can't honestly say in remember saving it to a disc and taking it home or anything. I
do know that I thought, it's printed out, I'm turning it in, it's done.
-9-
Q
Coughlin:
Alright. Thank you. We don't have any other questions if you'd like to close with a
statement you're welcome to do so but you don't have to.
I'd just like to you know impress on you that I really have changed, you know. I've gone
to probably five or six hundred A.A. meetings; I've listened to hundreds of speaker
meetings on A.A. tapes. Alcoholism is in my genetics, you know-it's something that's
really exacerbates my character defects. Even if you took out the alcohol, I' d still have
character defects, still have the alcoholism part of it. I've really worked to address that.
There has been pretty much a complete psychic change in me as a person. I no longer
have such a self seeking life, where all life is about is me collecting one achievement
after another as a means to build myself up. Rather I see that-there is alot more to be
experienced in life by giving to other people and living for, living an other directed life.
Probably the main change in me is that I've turned my will and my life over to my higher
power who I choose to call God, and in so doing, I'm no longer trying to transcend these
feelings that I have inside, whether they be negativity, self pity, blaming other peoplejust alot oftoxic emotions that you see in alcoholics and children of alcoholics- rather
than trying to transcend those feelings through absolutely controlling something like
achieving things in life or controlling things by drinking-through them. Covering them up
with alcohol. I'm realiziIlg that only God absolutely controls things. So, I accept my
limitations and in that I feel I have been able to become more whole as a person, and
avoided the trap of what happens when you try to absolutely control things in your life,
whether it's your reality with alcohol or the people, places or things around you, you
often become absolutely dependent upon them and, you know by praying and turning my
will over to God and asking for knowledge of his will the power to carry it out, I'm able
to find a middle ground where I am responsible and I control what I can in life and I'm
not overly depending on alcohol or anything else or any other person in my life and in
doing so I have been able to become a more healthy and balanced individual who- really
is a night and day difference from who I was.
Thank you.
end
-10-
TH E
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YlITTEE OF B A R EXAMI NI - S OF
-' B A R OF CALIFOR I A
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EXHIBIT
If your chent agrees to thI s abeyance sll pula llo n . the agent from the LAP who wIll monI tOr
hIs recovery will submit repo rts dunng the abeyance penod to th e moral charac ter ana lyst
who will be monltormg hIs abeyance The moral chara cter analyst assIgned to your clIent's
applicatIon will provIde th e deadline da tes fo r the report s wh en he return s th e sIgned
abeyance stlpulallo n
Failure to co mply wi th the term s o f th e abeyance shpu lalto n is admi ss ible In moral
chara cter proceedings In th e State Bar Court and the Supreme Court o f CalifornIa
In :he even t your client does no l agree to thiS abeyance sllpula llon, hIS Clppllcahon WI!: be
levlewed by th e Committee fo r a further d eCision whIch could re sult in d eni al o f a dmissIon
to practice law In CalifornIa . If the Committee denies your client's ApplicatIon for
Determ ination of Moral Charac: ter. pursu nn. to Rule X. Seclton 5 of the Rules . he may fll:
an apol lca tlo n fo r a fo rmal hearing before ttle Staie Bar CCUI11;', lth re s;:,n" l to v#11ctlWj hIS
applica tion shou ld be approved
PJeas.e feel free to con tact I hl~ office. jf you have ;my fUrttl'3i qlip. stl0ns
abeyance sllpulatlon or If I ca n be of Clny further aSSI::.tance 10 your cilent
Yours Il ul y.
~1i~
Enclosures
~." ~
r~ g:;lrdlil~ I hl~.
That furth er inqUiry leading to completion of the moral character review of applicant's
background shall be held in abeyance unlll January 13, 2005 _ This stipulation 01 abeyance
is entered Into with the approval of the Committee and with the agreement of the applicant,
Zachary Barker Coughlin , for the purpose of reviewing his Applica tion for Determination
of Moral Character 10 order to evaluate his recovery from alcohol abuse.
Tha t Za c h ary Bark er Coughlin's recovery from alcohol abuse will be monitored by an agent
from the Lawyers A ssistan ce Program ("L AP"). Zachary Barker Cough l in authorizes the
Committee to release to the LAP any and all materials submitted in connection With the
appitcatlon . Further. Zac hary Barker Co ughlin must sign a ~ Walver of Confiden tiality and
Rele('lse of Information' to allow the agen t to report the evalua tion and finding s to the
Committee
That failure to receive his signed stipulation agreement by Augu s t 13, 2004 will VOid the
abeyance stipulallon
That Za chary B ari< er Coughlin agkes to tile tcrlllS of the abeyance stipula llon as speCified
the Abeyance Policy attached and incorpora ted as part o f thiS stlpul3 tiof"l Failure to
comply With Ihf' Icnns of thE> ;)be\'~r:;'e n1lrLla:loft if'. a (~rr.:S Sl b k! In moral chmGlc:ter
procced:ngs ill tt,~ StJ!e Bnr Cmlrt aria :t-,f,l S'Jweme C:CU( ~ of Calnorni.,
10
Tha ! or: .Janu ary 13 . 2005 . th~ C(';;';l'raec shall resume liS rnqu:ry rind c() mple te th E same
pursuClr:t to th e time lim it::. spccrfl::o It'; PUIo.!;..( of th e Rules RegJlall.'ig Admission to Practice
Law rn California.
th~
Commi tt ee and th e
Dated ___________________ _
ghhn
Dated
~_.::)f-!!.01-_
_ __
~tlpulates
C ough li n . an a:Jpl lcant for aemlssion 1('1 plactlce law before U1C SLJp'f:me Cou rt of California,
.;IS
foI!Q,vs.
T 1"1;)1 fL!rtn(;:r ,nqlltr'1 '~"-io..::r.'l tu cvl'npletlon of the niora! charCicter review of applican t's
;}Qck:]rn.. nd <::hal! he ;lehJ rn dl.leyJIIr.~~ until Jan u ary 1 3, 2005 1 his stlrul8t'on of i.l beyance
1'> ~!l!E::Il--JU Into w:!h 1r.0 anprU\i;1' of ih3 Committee and wrth ihe agree in en t o f the applicant.
Z~c h ary 8ai ke" Couy hlin , f(; ~ trh') \'L.q:;.:)~r. of revle.,v ing his Application for Determmatlon
_t Moral Char;)cter In ord(~~:o e:valui=ltn eli:=' recovery from alcohol abuse.
Ttlat Zach ary 8al k ~ r CO llghiin's rf'covery frt.1 1n alcohol abuse w d~ be monitored by an agent
!rom IhJ LGwyer~ .';ssl~ taf1ce Pr')OI.1m ('LAP"). Za cha ry Bark er Cough lin aUfhorizes the
r.::ol f'lm itt\~:~ 10 rf:,(:O::'f~ to [h.;) I_AP ar.\' and 3:1 1!13teli~l~ submittel..! In ccnnecllon with th e
appHc3!lon rurt her. Zac hary 8 :1rke r Cou;}h li n rn:.Jst sign a "Waj'Jer of Con fldcntial:ty and
I~ e r ~:;j~(~ 0 1 r~lfc:vm'"!;ion~ tc ;1:11)\', th\~ ~~'"1e'-i 10 ,,:;-,01"1 lrj~.:' C>o\';I!~:lti0.'1 . . . ~r! flr~rllnG': ~o the
rhat faIlure ~v rcctJ r've hIs sIgned strpul."3lior. a9reemp.1lt tJ}' Augu s t 13, 2004 will vOid the
abeyance sllpuiatlon.
Th aI Zac h<l:y B arker Coughl in agrees to tile terms of the abeyance stipulation as specified
In the Abeyance Pol icy atta ched and incorporated as P3rt of this s Ipui.3!tOIl Fallu~e to
comply \'''!~, th"'" terms of the :1bcyl]'~: :e fi il1-'L.Jallon j ~ admisslb!e in moral c ~larar.ler
prcc,:wd:nl;s :'., {tl.: :::tale B~ I C l~l:i ~nr1 !rp(~ $''''WelYlfo C:~~IJ(t o f C~l fj lcrnl;)
-r ";J ~ or. .i..l nu,H)" 1 J 2005. U"'9 C-:':-;liT'l~t('1;;! shall rB~urr.e ilS ~p'('JW(y (I:lf~ uJmrletr: the ~;ame
p,Jrsu~d iO !;'!i) il;'":'h! I'rnlt:'- SIJ~t,;rfi.:-~" p."",: PVk' j( (jl the Rule') Repi.ii(Jilng A.7mi~ 0.;;011 [0 P~actif:f:
La~'1 I;J C"it)f~):,~
I
----1
3ppl;c"nl
oaled
Deled __7
-m.2-~-----
LCS/-oi__ ______ _
"'-
EXHIBIT
i 3
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. I
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I. Z~V\
__ he reby autho r;i'C Ih e Lawyc r' Assi.;I:lll n ' '-'ro!!r.lIlI o f Ih<S fa Ie I)a,' of C:!l ifo rn i:1 (herc; n a fl c r LA ,-. or f' roJ!r:ulI) to disclose andlo r o blalll 1Il10 rrnalio n. fi Ie" o r
rc!;ords pt:f1<1ming 10 me (includ ing info nnatioll . fil es o r rt.:cords cQnccnllTlg dnr g/alcoho llrclIllllc nl o r usc .
PS)Chlalric treatme nt. /\ IDS/ I ll V and o the r communicab le diseases. Ie"! rcsults amUm dlllg,nos i<; and
irI.:allncnt). \\ Ith the S I:I h ' Ba r o f ("ali fUI"II ia CO llllllili Cc o f U:l r Ex a III ilw rs. I
V
_L
_V
I hereby retca;;;e. (hscharg,", and t.! 'orH.'ratc the Progr:un and lUI) other pe ~oll or organl /. .1110n !'I uppl} IIIg
doculI1 ents. records. or other iufonnarion perl:llllin g to lIle. from an} and alllialHlrt) of c \ el'!
IImure ,Uld kind arising out of the furn ishin g o f :.uc h d ocu m ents. records and Othei' information PUr..UlUlt to
this Au thorl/..Iuio n For DI'I! losun: and RcielL'iC . I am a\\arc that III fomlation ohtnincd from other "ources
\\111 not b..: made ava ilable 10 me h} [hI.' Program . a nd [hal to the c:-,tcnt t \\ant ,opic" of;lIl~ ... lIeh
rnfOm l:ltion. It \\ II I be Ill} re:.po n:'lbrtil), to o htarn il dircc tl~ from that source
tI.'que,>led
Illls Authori7atio n For RcklL'oI.' IS s ubjccl lo \\flllc n rc \ ocatio n by thc undcrs ign\!d :l1 any tillle except 10
the ex lent thar actio n has bcc n laken 11.1 rclirUlec therco rr It no t earlie r rcvo kcd, Ihis a ulh ori"l.mion wilt
tcrmillalt alllOm:Hica lh' ~ ~:111i from rill' lI al(' :IPI)(,;lrillj.! hdow .
't(6~)
Wilncss :
Pnnted Name:
avy
Q.. r
ISt'flill n 6234 o r th e Busin(>ss a nd P r orcssio ns CUUl' provid es Ihal a uy inru rmalion p ro\id c-cI to o r
obtaino:d h} rhe Program ~ h :1 1I hl' ('o n l1d en li:11 ulI l('ss co nfiden lialil ) b \\ :,h (',1 h} Ih l' :lIl orn ry.
HO I P C' II X (09/ 19/03)
\<e{--
Bar :; N A
This is to serve as notification that Zachary B Coughlin conwctcd the La\\ :-I.:r A<;~i~l<1n(."c
P rogr~ml
on June 22. :W05 and h:l::; completed tht! Ickphonc intake process
Manager
Rl'\ .<.;cd 03 06 03
Date
OF CALIFORNIA
April 7, 2006
CONFIDENTIAL
Zachary B. Coughlin
1255 Jones, Apt. 132
Reno. NV 89503
Dear Mr. Coughlin:
In anticipation of the report to the Committee of Bar Examiners (CBX), on February 16,
2006, the LAP Evaluation Committee met to review your participation. At that time,
your participation did not warrant a favorable report to CBX. You were given a period of
time to explore arrangements that might allow you a more favorable outcome. To date,
we have not received any information from you, but must report to CBX.
The LAP Evaluation Committee has determined that you have not successfully complied
with their recommendations and appear not to have gained insight regarding your alcohol
abuse. In addition, your participation in the LAP has been terminated.
We hope that you will choose to pursue recovery and we extend the invitation to contact
the LAP for assistance in the future if you choose.
""Ul""""
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"
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with alcohol?
that time?
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an alcoholic is?
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13
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Alcoholics Anonymous?
17
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word in that is
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BONANZA REPORTING-RENO
(775) 786-7655
30
new~paper.
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11
okay.
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the original.
14
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exhi bi t?
23
exhibit.
24
25
this is
I'd like to
Su~an
Yes.
How do you recognize it?
BONANZA REPORTING-RENO
(775) 786-7655
31
1
mail?
I~ent
9
10
11
I believe so.
12
13
14
goah~ad
15
16
17
18
you're handing
19
don't know.
m~
You don't
20
No.
21
22
. 23
24
Q .
25
A .
BONANZA REPORTING-RENO
(775) 786-7655
32
1
2
Yes.
NO.
10
11
12
13
would
14
b~
sobe~?
15
16
don't know.
17
18
19
There's alcohol in
20
,DO
21
No.
22
23
beverage?
24
25
youd~ink
alcoholic beverages?
BONANZA REPORTING-RENO
(775) 786-7655
33
something I said.
Excuse me?
10
question.
11
12
13
No.
14
15
Anonymous?
16
17
18
19
20
21
Alcoholics Anonymous?
A
22
23
24
25
five years?
BONANZA REPORTING-RENO
(775) 786-7655
34
1
2
3
4
5
6
A~y
Yes, I have.
. meeti ngs?
pu rposes.
10
11
12
13
14
15
16
17
18
19
20
21
stronger
22
23
24
25
BONANZA REPORTING-RENO
(775) 786-7655
35
-question.
there.
Alco~olics
Anonymous?
10
11
12
13
14
15
consternation.
16
17
. school? .
18
August of '99 to
19
20
Dec~mber
of '01.
21
22
23
24
25
~lcohol
Amendment~
BONANZA REPORTING-RENO
(775) 786-7655
36
,.r -" ..
1
2
3
Do you know
approxi~ately
Yes.
Yes, both.
.A
NO .
10
alcohol?
11
12
13
addiction?
14
15
16
Yes.
17
I can
18
19
of negative consequences.
20
21
22
I'm not
23
24
25
sure~
BONANZA REPORTING-RENO
do you believe
(775) 786-7655
37
I object to that.
6
7
school?
10,
11
12
13
14
15
16
17
18
19
20
privacy.
21
22
23
24
25
AS
BONANZA REPORTING-RENO
(775) 786-7655
38
NO,
.1
because of privacy.
Isn't it true
NO, this
1S
10
11
not su re.
12
I believe so.
13
It's a letter
14
IS
16
Thibault,T-h-i-b~a-u-l-t,
17
Exhi bi t 6?
18
19
Yes.
21
I~m
24
25
Do you recognize
confidential document?
Q
23
director.
20
22
I'm
it's confidential.
Q
please
BONANZA REPORTING-RENO
(775) 786-7655
39
Yes,it is.
6
7
thara~ter
cases.
If you
10
11
12
okay.
13
14
15
16
17
18
19
20
21
22
23
confidentiality.
Q
24
25
BONANZA REPORTING-RENO
(775) 786-7655
Do you
40
>~
recognize Exhibit 9?
Yes.
HOW
sent me.
I believe I did.
8 >
sentence, "AS you know, the State Bar has requested you
10
11
12
above-referenced matter."
Did you provide the LAP authorization form to
13
14
~eceipt
of this letter?
15
16
17
18
19
grounds.
20
confidenti~lity
21
Yes.
22
23
24
25
BONANZA REPORTING-RENO
(775) 786-7655
41
1 .
ti me .
I'm handing you what's been marked Exhibit 10.
letterhead.
7
8
9
10
11
12
13
I believe so.
14
15
the State
16
B~r
18
20
~onfidentiality
grounds
21
22
Q -
23
form to
17
19
authori~ation
24
25
BONANZA REPORTING-RENO
(775) 786-7655
42
Huh-uh.
autho~ization
'7
proceeding?
Yes.
10 '
11
12
13
14
15
at this time?
16
A '
I don't know.
17
18
this form?
19
20
21
provide it to me?
22
NO,I won't.
23
24
, 25
th~t
dependency problem?
BONANZA REPORTING-RENO
(775) 786-7655
43
1
Q.
7.
8
9
substances or . narcotics?
10
11
12
..
school?
13
14
15
16
17
18
I'd like to
19
20
that question.
21
22
THE WITNESS:
23
24
25
BY MS. KAGAN:
Q
BONANZA REPORTING-RENO
(775) 786-7655
102
1
california.
okay.
10
11
12
13
14
15
correct?
16
Yes.
17
18
19
medications?
20
21
22
medications.
23
24
25
(775) 786-7655
answer
103
1
4
5
that question?
A
didn't believe
practice law.
10
that ti me?
11
12
13
14
sure.
Q
chemical dependency?
15
16
So as of September 28th
sorrY,as of
17,
18
chemical dependency?
19
20
21
22
By a medical provider?
23
Yes.
24
.A
25
BONANzA REPORTING-RENO
(775) 786-7655
104
that treatment?
~6
1n AA?
10
11
12
13
14
15
strik~
that.
In 2002
A
16
17
1 i fe.
18
19
20
21
22
23
In 2002 then,
other people's?
24
25
BONANZA REPORTING-RENO
(775) 786-7655
105
.~,
5
6
10
11
12
13
hundreds of meetings?
A
reason why.
14
15
16 ,
17
18
19
20
21
22
23
24
25
beneficial to me.
Q
M r .C 0
~o
I don't
control
strike that.
BONANZA REPORTING-RENO
(775) 786-7655
106
00 you believe t~at you abuse or have problems
1
.
2.
At this time?
Yes.
No.
Can you
don't know.
why
don~t
you drink?
I think I'm better off not
10
drinking.
11
12
what is that?
13
14
15
16
17
18
19
probably.
20
21 .
22
23
me.
24
25
reason~
that you go
f~r?
BONANZA REPORTING-RENO
(775) 786-7655
129
1
Yes.
California?
Yes.
I believe so.
9,
deposition.
10
11
12
13
'<::;. :, .. '
14
15
16
17
18
2004?
19
20
21
22
issu~s
If
that is what I'm doing, I'm not sure why I'm doing it.
Q
23
24
25
BONANZA REPORTING-RENO
(775) 786-7655
130
1
Can
keep this?
that to you.
Okay.
10
I donlt have
dis~uss
your
11
Sure.
12
13
14
15
think that
withalcoholt9day.
okay.
16
17
Anonymous?
18
Itls not
19
like the NRA where you register with s6mebody and you
20
pay dues.
21
22
Alcoholics Anonymous?
23
Yes, I do.
24
25
BONANZA REPORTING-RENO
(775) 786-7655
131
1
W~ll,
I don't drink, so --
drinking
lS
No.
10
Okay.
11
12
true statement?
13
14
Amendm~nt
15
16
17
informal conference.
Is that
18
19
yo~
atr~e
statement?
20
21
State Bar.
22
23
24
25
BONANZA REPORTING-RENO
(775) 786-7655
Do you
134
1
STATE OF NEVADA
COUNTY OF WASHOE
ss .
3
4
iJj'~ __ , the
~ __
deposition of
day of
.n
~n
10
11
12
13
14
15
16
17
18
couns~l
19
20
21
22
23
24
25
BONANZA REPORTING-RENO
To:
from :
Dr. Hunter
Re:
Za\,;k Coughlin
This is to confirm our phone conversation::; rugarrung Mr. Coughlin. lore has been under
my care at this office since 4-2-02 and continues to receive outpatient psychotherapy for
his diagnosed Adjustment Reaction (OSMlV Diagnostic Code 309.9). We have mel for a
lola] of 6 sessions thus far, including a Mental Status Examination and an Initial Clinical
Interview. He is compliant with therapy and appears to be deriving some benefit from
the process.
Adjustment Reaction is a benign ~ychulogica1 diagnosis. It implies a 'normal' person
10
A:./ ',h'~AI'"
I '; i/t,xn
Iw.h .r/"''''A~
eo...."
w.
urn.
for. hltlO/y of
......J
.,4Ior/"4. _
r" er~k,ot'.rino
..,.. I ... t'" 1",/A"!K,;6':l Pa/; and It ('QN la~"g Wollbutrl!'. Mod,Clne allerglo"
Hj"'.....""fhl'l6 '",-...,. M<J"'" s,-,aal HIJIOfy PalJOOt 10 non.rmk.r PhVIIlcal
tl):tr. ,afJ(/J,
PfM~J,e 14018/, put'!I.J M.
Cardldf" ROQUI.r rhythm WIU'OUl
~"'r Jr.. ::;;" f":',('!fjrJ wngt. (J"':Jr ttJ 641lOUtltJlH')I'l . OOl>p tnl'\tk)n r~.I<" wert equal In
It", ""-"PO trY..."" ;,nd /)f"'r.~1 (b1>aiJ. Toc".
good dollOtd bifAlPS. \J1c<lpe and
,_'..... dr""'. The-. HIsO luI ranue 01 moII<>n wllh 110.100 ond .xt.n8lOl1. fight and
~ ""/"~ ('latY"" (fan.' "."'".. II/JI W'1r. Qrolily Intact. a. wells. g'o.. sensatIOn.
gv..,....,
w"'
~ fA
:.<' ,_ttJaI Or
If''<: II
all' 1
t6'J 1'I')fjfi
(j(l (Jf)
December I I 201'}."
Patrice F';chntan
Slate Botf of f'\cvc.d"
6O'J fl. Charle\fllo Blvll
t~. Vegu. Ny 891(J.1
Sincerel)
(~'()~~ /}t/ j
~.
JUt
~',
1b... _
ubd to
_>wi
..,. _iety . . .
.....-lo"
'2 ,., . . . . . .
..
.
-~L.'~
~:
.
,
I~'
at ""'" jaIdao.,.. _
odIopIiv. _
(775) 786--5775
PaO'icl!' bkhrrulTl
6(K, L. Charleston Rhd
Stale S.U"l'l' I\<,)vadd
La~ Vc~as. NY H~ 1 1)4
J have :,een OIskcd to Wnlc rCt!llrdlll)t pl-ychuloglc3.1 trutnl~nf wilh /nch Ctlu~hhn Mr O,,)112hhn
ht.... b..-cn '1L1.t:nJIII!I,
Mr Coughlin has 0<-<-", an lIc:tiVC panicipant til hit:: Irl"mfllelll. He h;l:" unpluwJ Ills ability tu t"kro
pe~ullal rc..... pnn:.lbility fur his behavior. lie ha ~ Icarn~d 10 mlOinllu Ihl" imptlrt of :mthnnty
cont),as 11 nd h) I~rst"nstth'ily 10 cririci!;m OJ~ hi,\, bt'thll\'iur. He hnoS IcUfllI':U til u::.c selfllIonirorin,J.
and s{fo!ss reduction techmques to (.."upc WJ til dlfticulC . . i11l1l110115 '\ he~ c and othc-r 1'("I8.nitl' f'
behavioral strategiC's ha'H' rmprmrd hil' ahillty 10 :lSSt'SS luxl r(spund III It "lIncly ~,f situativns
murc cffectivdy .iJ1I.] ~dal'ti\'el)'. Ile would cllnc ntly appclll tu Ix: 011 :\ \'OUI~C tlull i~ wnrkinp.
"" ell (0." hlnl and hdping hiJl110 c~r3hllsh the srrucUlres h~ will m~cil \{J maintain It Illme
c.;uruotSolCnl po'Uten! of ~ood ludJ!c-lllent and :adaptive bdlOl.~ICN.
Sincerely.
1
2
t.
3
4
5
6
7
8
9
THE STATEBAR COURT
10
11
HE
12
13
In the Matter of
14
ZACHARYB. COUGHLIN
15
16
17
----)
----+-
18
19
20
21
22
23
In providing this resp nse, the Committee reserves the right to rely on additional grounds
24
to oppose applicant's applica ion that are not readily apparent at this time and to amend this
25
response as appropriate.
26
1.
27
28
/
POSITION OF THE
OMMITTEE
The Committee conte ds that the issue before the Court is whether applicant "is a fit and
proper person to be permitted to practice law." (Pacheco v. State Bar of California (1987) 4 3
-
Law in
Ca1.3d 104 1,1051.) Pursua t to Rule X of the Rules Regulating Admission to Practice
California, an applicant must be of good moral character. The term "good moral character"
responsibility, respect for an obedience to the laws of the state and the nation and respect for
currently possess the requisit good moral character within the meaning ofBusiness and
Professions Code section 60 O(b), Rule X of the Rules Regulating Admission to Practice Law in
the State of Caiifornia and re evaIlt case law to 'vvarrant his admissioR to membership in the State
9 Bar of California.
10
11
II.
12
Committee contends that app icant will not meet his burden of proof in presenting a prima facie
13
14
If applicant meets this burden, the Committee intends to rebut applicant's case by
15
presenting negative evidence f applicant's moral character. The grounds upon which the
16
Committee will oppose appli ant's application for admission will depend in part on the evidence
17
which applicant offers. How ver, the bases for the Committee's opposition include,but are not
18
19
A.
20
21
On January 23,2003, pplicant was arrested for driving a motor vehicle under the
22
influence of marijuana in viol tion of California Vehicle Code section 23152(a). On March 11,
23
24
driving. The act of driving un er the influence of marijuana and subsequent conviction for
25
reckless driving demonstrate a plicant's lack of respect for and obedience to the laws of the state
26
27
28
i
/
v.
2005-
at 1 255 Jones
001396. Unlawful detainer a tion against applicant for default in payment of rent
for plaintiff.
Street #132, Reno, NY 89503 in the amount of $660.00. Judgment
Case No. REV 2006b. River Arms Apart ents v. Zachary B. Coughlin, Washoe County
5
6
nt for plaintiff.
Street # 1 32,Reno, NY 8950 in the amount of $720.00. Judgme
DBA Coughlin
c. Shipping Services, DBA Unishippers v. Zachary Coughlin Individually,
-8
9
10
11
$5, 1 6 1 .00.
12
13
candor.
licationtodisclosedef:=ault
14
3.
15
Applicant answered 'no" to the following question: "Are you in default in any way in the
16
performance o r discharge
17
order of any court or admini trative agency, including alimony, support orders and decrees?"
18
19
ade payment on any of these judgments and has not updated his
20
21
reflects poorly o n applicant s honesty and candor. The failure to pay debts reflects adversely on
22
23
24
Applicant last provi ed an employment history update in May 2004. From July 2005
25
through December 2005,a plicant was employed as an associate at the law firm, Hale Lane. On
26
December 2,2005, applica t left this employment under circumstances that were not amicable.
27
28
Applicant did not update h s application to include any information about his employment with
-4-
2
3
candor. The Committee reserves the right to amend this response in the event that the
Committee discovers, in the course of formal discovery, that applicant committed acts in relation
Applicant last provided the Committee with an address update in September 2003.
Thereafter, applicant maintained an address at the following location: 1255 Jones Street #132,
Reno, NY 89503 ("Jones Street"). Applicant did not update his application to illclud'the Jones
10
Street address. As set forth above, the unlawful detainer actions against applicant were filed
11
12
13
honesty and candor. The Committee reserves the right to amend this response in the event that
14
the Committee discovers, in the course of formal discovery, that applicant committed acts that
15
16
c.
17
When reporting the arrest for driving under the influence of marijuana to the Committee
18
in his letter of March 19,2003, applicant failed to disclose that he had a problem with alcohol
19
and instead stated: "I started drinking alcohol in my early twenties and have never been more
20
than a social drinker." It was not until the informal conference on July 8,2004, that applicam"
21
admitted he had a problem in the past with alcohol and was member of Alcoholics Anonymous
22
23
By stating that he had "never been more than a social drinker" when applicant knew had
24
a problem with alcohol and was, in fact, a member of Alcoholics Anonymous, applicant made a
25
misrepresentation to the Committee which reflects adversely on his moral character. By not
26
disclosing his substance abuse problem to the Committee after his arrest for driving under the
27
28
III
-5-
D.
an Authorization
of the application process, applicant provided
\
\
..;;
about applicant's
to disclose information to the Committee
On April 7, 2006,
determined
vised as follows: "The LAP Evaluation Committee has
'
""" ., 't, . ,,
;:
"'-
10
',
11
r1t
':"'-'<:'_.\}'
' '
for a new LAP authorization
caracter,c nsel for the L1Oimrrl1tt(e has made . teral requests
,
,
r
li
,'4.;
<;
13
'('(;"
'?' '
In 2002, as part
. -' "."
-,'
"
" "
<ijfi
'j
'k
;:
14
15
.e
,,<"
',y r
12
Uf.l,I:i<U,.UUVI abuse;"
gained i
16
17
18
19
investigate applicant's cI1mlnal record. Applicant has failed to provide a new report.
20
Applicant's
21
22
moral character.
23
Respectfully submitted,
24
25
(I )
26
27
28
Dated: December
I\
2006
\1'* tlJ----
By: V vy
'-SH-S-'JtN I. KAGAN
2
3
4
5
6
the age of eighteen (18) years, whose business address aqd place
I, the undersigned,
of California, 180 Howard Street, San Francisco, Califorijia
of employment is the State
to the within action; that I am readily familiar with tij State
94105,declare that I am not a
collection and processing of correspondence for mailing with the
Bar of California's practice
in the ordinary course of the StateBar of California's practice,
United States Postal Service;
correspondence collected and. orc)ce:ssea by the StateBar of California would be deposited with
I am aware that on motion of party served,
that same
the United States Postal
meter date on the envelope or
service is presumed invalid if
,",v,UI>a.u J
the affidavit; and that
_t"amCl proICe;SInlg of
_"'oJQll
13
14
15
16
17
18
19
Zachary B. Coughlin
945 W. 12th Street
Reno, Nevada 89503
N/A
20
21
22
23
24
25
26
27
28
SIGNED:
------ ---------.- '
' .T
- ra
'
r
ba
B
ar
A
P
e-rry
Declarant
f\lH) ~
CONF11lENUJl
/lUG 0 7 2000
1'(~ llr.,on o r
(,
rJ
Case No. XX
thE Matter o f
()
Za c h a ry Co ughl i n, Es q_
10
.
,,
0 G- M- ,. =$ ~ 5
REQUEST
Mr r 1 Charact er Pe ti ti o n e r
FOR
12
,l
'4
~~
16
"r
)7
r~urt
18
r:::h.c:;,r lctl?r.
19
20
21
Dri"nng,
22
23
Bar of california.
Page 1 of 3
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~etitjoner
,ft.
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"
Zach<yry Coughlin
zacWary B. Coughlin, Esq.
945 W. 12th St.
Reno , NV 89503
(775) 338-8118
page 2 of 3
1.">9 IItll:lf
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rAHJ(W,tlJr [)~ll)rmlnabonlJ
I tJ"'.ftlr~ und", penatty of purjury under the laws of the Umtes States of America that the
'1\ IWI) and correct, end that this declaration was executed on August 16th, 2006. The
IIpplicAtjon 'NOI" Mnt VI. Untted States Postal ServICe Overnight Mail on August 4th, 2006. Please
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"tI;tcht:9d photocopy of the receipt fo, this mailing from the United States Postal Service.
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KJHN R. RDDIUGVBZ
Under. the, provisions of Rule X. Section 5, your Cia-: -oJ 2;)J--'" ::-5
Committee s deCISion to the State Bar Court. In oree: to a::~ ::-.s cecsC"
your client must file an application for hearing ar.d a OO~, 0::" S5::e',,:";,-e
clerk of the State Bar Court. within 60 days of the ser.~ce o':rs "::,;:;e c;:te
Committee's final determination. The appl icatio~ aco a ceo, c'~".se=e'l"; .5:
be accompanied by a filing fee of S100 in a check :Jayac'e:o :~e Co;;-~.:::ee
of Bar Examiners. The application for hea~ng !S a sno:: ;Yeac _~ c-a::,,: ~ y
your client.
Bar
Ro:
A copy of the applrcation, should your. dient choose to file It, must be served on the
Committee through the Office of Admissions at 180 Howard Street. San FranCisCQ
California 94105 and on the Office of the Chief Trial Counsel at either 180 Howard Street'
San Francisco, California 94105 or 1149 SOU1h Hill Street, Los Angeles. California 90015:1
In the event your client does not choose to appeal the Committee's decision in State Ba
Court, he is eligible to file another Application for Determination of Moral Character tw
years from the date the Committee made its determination.
A copy of the Rules is enclosed for your clienrs use.
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')!a[,'mt,;ill Pmpo<;eJ E:dlibits Om;- _Y_ da~s before Pretrial Conference pursuant to Rule 1223 and 1224. Rules of Practic~
, . " t,
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~,)I.1tdJarCvurt.
~'I ~hall
Aplll
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L'onfel in person or by telephone and report on the possibility of compromise at the next conference.
conference h!!ard by u judge other than the trial judge.
1
[ I Tel!!phonic _ _ _~~_~_---,_ _-,--_---,_ _ _ _~_ _ __
0rj~in~d and Llnc ..:0r~' of settlement position statements in letter form are due five days prior to the scnlement conference.
',Jlwn iLl he tileJ by ________________________________________
mt'l.'l IIn,J
murt.:r IS r~'lerr~.'J II' Ihe Program lor Respondents with Substance Abuse or Mcntall-lealtb Issues. Status conference scheduled
Pr,'gr.lm Ju,lge on __
at
with
This will be an [ J [n Person [ I Telephonic status conferencc
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Yes 0 No
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Year
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l Rules
Re,ulali'l, 19lu
V, . oK\:.\OIl .... L
u of the
Ad e. to. 6Je an{f@'licatimr"--M&,uT;tDr LJ<:lermllBUOn of ~ol;1 CIu'lcler - S'
p
"",lp~I{l!OBAR EXAMINERS
APPUCANT'SFULLNAME
illS ANGELES OFFICE
<'--"
1'0
D.,
~~~~WrOO
rr,_,- , _
DATE OF BIRTH
m,,,,,.."
FilcdL_ _ __
~Ie
Year
Momb
DETERMINATION
Cleared b~.
'I-I-l-/',...r
lasl
(Sigmtun-)
Date Ck2red: _ _ __
Middle
Heanng Date _ _ __
:~
'-tAILING ADDRESS
I:
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APPLICATION FEE
See instructions for proper application fec
' A p p l i c a t i o n will not be deemed filed unles~ the .
,rr+J./ v6",...f--/~
properreels~nc!osed.N.~- I.-.. ... \.. d.~
F:.!t.er'sFull Namc __I_'I_~ _U~---- "
..c:t..S PC1{~--c""")1 c.~u.-k,. Y''e+...l..<.. b;..r
10
----1+
I S\3~}--'-'~~1
.
L11
Spouse's Name _ _
,e ifdifferelll)
(Prior 10 marna
BIRTHPLACE
TOTAL ENCLOED,
('\ I K---------
I ,
Decision" _ _ _ __
____
-tdk~-------~ Coulltry
DRIVER'S LICENSE
California t: _ _ _ _ _ _ _ _
ID C3rd~ -::~~-:_::_-----
Nl!c:qber and Stale
Other Slale: NV
~ 2.0 Q
Number and Slale
1]$""00'8
City or Town
I.,
trUCU'ons)
I AM A PPL YIN G FOR (Refer to Ins
. . of Moral Character
Deteraunal10n
Applicalion ror
.
f Moral Cba'leter 5ubsequent
min3IL0l1 0
_
.
, Chancier Determ1ll3uon or
, - .!ion for Deter
A PP1C
.
eMor3
_.10 Receipt of an AdvefS X f the Rules RegulotUlg AdmISSion
Rule
Fing<:lI"Jllinu
Number of c~bmilltd:_
Process
F
1-
DO
I
5
(lCI
Last
First and Middle
Dates:
Reasonforchan~:
_________________________________________________
B.
Last
c.
First and MiddJe
Last
Dates:
~have
HA
VE YOU EVER A
EXAMINATION?
Yes
~ Wh~
h ou last awliNL\
.
--J.,-oGJ L..
. .
r
IIf YES givedateofexaffilnaf.IOIl 0
'
lJ iff
Mon
200L
Year
a
........... Q.
EDUCATION
From
Month/Year
To
Date of Graduation
Month/Year
Degree or Units
Completed
o re study .
Dates Attended
From
To
Month/Year
Month/Year
Dale of Graduation or
Anticipated GraduaUon
Montb/Year
Degree or Units
Completed
.()
RESIDENCE HISTORY Slale Ihe address of every residence (incbding the present) that you have had in the last eight (8) years
comm~ncing witb your present address. Provide the addresses for your actual college and law school residences if these addresses
I .
Month
Z 7-:? -JVt
Day
Year
From
City and State
To
Zip Code
Number/Street
(, U ~
.
MORAL CO
SECTION II
ARACTER INFORMATION (Rule Xl
'0
;.;k-~=g"'-"C:~V\S,-,W~~t..>~G~I!:::::':!:..f::::/~0I-~~________
"7
22 c
SOrlAL SECURlTH
REFERENC~
EMPLOYMENT mSfORY
,,:
LlSl below your current employm ent, regardless of Ihe type of business, occupatioo. profess ion or length of lime e mployed. If
presen~lY eOlploye~, please so indicate. T hen list, to the best of your recollection , all OfYO UT employ mcm which is/was law-related i
your eighteenth b Iftbday. Le gal internships and exter nships should be listed. A Iso list, to the best of your reco Hectic n, all of
employment. businesses, occupations and professions which were not law-related but lasted longer llI an six (6) month s s ince
eighteenth birthday. The list should be in reverse chrono logical order, beginning wilb tbe cu trent or most recent e mployment.
ne reason for leaving if not currently employed.
Please make certain that all addresses are current. If the company or business no longer exis ts or has merged, eIC., please so
~r..t1ica t c.
If you arc aware tbat your former super visor is no longer with tbe compa ny or business, please prov ide the
current address in addition to the address of the company or business.
~perv i sor's
M ME OF BUSINESS
SUPERV ISO R
IA-~,<I.-lo I
I
STREET A D DRESS
~5
CITY
Bu s ~es s
From
Not
curren y
\JJ,
V-e~CiL-2
STATE
YI/ IJ
__
Telepho
.. v "--<:.
w7bY~
~.2.---
- - - Year
elIlplOyed.
r PREVIO
\., ~","$e""""'"
ug!EMPLOYMENTI
{-jQ.v<> V"'
"'6""-
Year
Year
0'"
CITY _ - . :
B,,'om Telepho",
:3
l.!.
t- JVf'Q
MOnth
0 I
'2J
&.:
(9 'l r
YOur Position
Year
I!(,,)"\...::'
"IiAME OF BUSINESS
SrPERVI$OR _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
STREET ADDRESS _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
CITY _ _ _ _ _ _ _ _ _ _ _ _ __
STATE _ _ _ _ __
Zl' _ _ _ _ __
Your Position _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
To:
Month
Month
Year
Yea r
STREET AD DRESS
CITY _ _ _ _ _ _ _ _ _ _ _ _ _ _ ____
STATE _ _ _ _ __
Zl' _ _ _ __
Your Position _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
To:
Month
Month
Year
Year
St1PERVTSQR _
STy-EET AD DRESS
CiTY
BUSiness Telephone (
STATE _ _ _ _ __
_1----
Month
Zl. _ _ _ _ __
Your Position _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
To:
Year
_~
_ _ _-L_ _ __
Month
Year
0 IF CONTINUED ON ATTACHMENT,
CHECK II ERE
..
h positiOn all of the Informallon requested above.
Include for e~c
I[
SELF-EMPL
A RESPONSE I
Hnt you ever been in business for
OYMFNr
.
it';
"If
an 31lOrrey? I'
nf YES see b clow)
~,
=--
DYes
2Hfo
ern' ___________
&lS!NES~
- - - - - ---------------------------STATE _ _ _ _ _ __
PHONE ( _ _ )) _ _ _ _ _ _ _ _ _ _ __
ZIP _ _ _ _ _ _ _ _
FROM _ _ _ _ _ __
TO
Month/Year
Month/Year
~':LRE OF BUSINESS - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
------------------
\r)tROf1TIES
----------------
CITY _ _ _ _ _ _- - - - - _ _ _ _ _ _ _ _ _ _ _ Telephone {
Occupation
Length
or time known
_ __
_
CHECK HERE 0 IF CONTINUED ON ATTACHMENT
lOS
PERSONAL REFERENCES
SIJle Ibe full names, compleleaddresse ('
,
'bl'
S inCluding flOor and!
,nJ l'C,POIISI I: persons who know you WeI] AT
or suite numbers and ZIP CODES), and occupations of five reputable
jurisdiction and only one may b
I
LEAST ONE of tbese persons should be It member of tbe Bar of any U,S. or
e a aw professor f
rom whom you have received instruction.
,on:: DO NOT INCLUDE persons wh h
or persons listed as empl'yme 0 av~ only casual knowledge of you, persons related 10 you by blood or marriage,
m or venfYlII, Tefe rences on pages 4-6 List
. one address only for each reference. Please
make certain tbal all add
'-Q
A.
CITY
STATE _ _IV--,,---,---,-__
O',"P"i'"_~~_
r\A~E
_LnLength
ZIP _ _" . -_ __
of time
~nown~(1b~
OF REFERENCE
MAILING ADDRESS
MAILING ADDRESS Continued (if needed )
Q 'fc/\P
CITY
v\t LI
STATE
ZIP
M5U 2
Ir kV~~/;tk=>
I) .J"-,''2
l!ez5 9
,
OccupatIOn
"\ \
SJ
STATE
00
HV
'2
---
ZI'
Rlll.,,~
V~T'I'Ph,".(U'2,..--..n2.-~"''''''';m'k"OW"_2-~i45
~----
tzar
W
~ s F~
"j/{.LI::t!:L~-"~~-.J'-'oU~--"'''-'-''''''='''''-------------
"ME OF REFERENCE
MAILING A ODRESS
~. I
Q~
STATE
)\",,:-.L
ZIP
~ ;,
~-Q..e~~V ~
~-~~
DYES
ISSllJNG AUTIIORITY _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
!o.~A1LiNG
ADDRESS
.=================
STATE _ _ _ _ _ __
CITY
Lkense or certified as _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
Dalcs From
LLcense or Certi{i:alion 1/ _ _ _ _ _ _ _ _ _ _ __
ISSUING
MAILING AUlliORITYI
ADDRESS -
Inactive 0
.------.~(~~~~-
Month/Year
~::::::::::::::::::::::::::::---------------====::::::::::::::::=
STATE _ _ _ _ _ _ _ __
-------_===================~-------
CITY
L!cense or certified as
Month/Year
Active 0
Licen5c or Cerlifrlluon
ZIP
Inactive 0
CHECK HERE
o IF COf'/TI/'lUED ON ATTACHMENT
.
completed
O;u3l::nlr)l
iI~4-
/40,';:
(.'-""t..-
ZIP _ _ _ _ _ __
DYES
~o ..
DYES
~o ..
b~d
Have , you ever been diSbarred, :;USpended, censured, or Otherwise reprimanded or disqualified or
.
your Icense
reva k e .... as a memb er of any business, trade, or profe ssion (e.g .. a uorney. cerll."_..
I"" pu bile
To the best of YOUr knowledge, have dltrc ever been, or arc there now pending. ally charges" can.
plmmlS.
or grievances
(formal Or informal) concerning your conduct as a mcm ber of an, bUSiness.
.
.
\fade. or profession, or as a bolder of public offi:e? If YES. complete E,
:-OTE
DYES
Name and address of tbe aulborily in possession of me records Tesar dinS the dsqualification
L
or den ial:
Name ___________________________________________________________________
Address _________________________________________________________________
City __ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ State _ _ _ _ _ _ Zip ______
Name of court ______________________________________ Date admi!led_________
Address _____
~~~~~~~~~~~~~~~~~~~~~_____________________________
Cit)' __________________
Nature of disqualification
.
Disqual Ie
__________________________________________________
Date of denial (Month/Year)
,.
00 or denialI.___________________________________________
grieVan"":'~
Name _
I .
of
lILe
records
regardi",
tbe
charge.
comp
allll. or
of authority in possession
__________________________________
Address
~=============
City
Of gT1eV~
(I
U:.
" b'"
A & B is re quired e
'r
-~.d
. . . a e, o r professIInallicense whik charges were pending')
o YES
NO
o \"S
II
competent or a co nscrvalee7
11_
p"'ce of paper sta le the queslion nu mber an d provide a narrative
'ES
_ ,
a separate ...
tqJlI . COmplete FORM ;$ an on.
b arne of the court, tille . and name or th e case, tile dale of the pr nceeding
" ~lon. Give (ull detailS, incl uding Id ~:e inclusive dales you we re adjud ged eithe r an incompetent or a
.
Ilil!le and ~ddreS$ o f Ihe inslI1utlOO an
[i
I0
NO
...0 ......
PRIOR APPLICA
TIONS FOR ADMISSION TO PRACTICE LAW
.. NOTE
"
. .
Ice aw Include b
. .
diploma pnvIlege. 'll p l icatiorn (Or rei n b.
' u! afC lIot limited 1:1, ap plica tions 10 be admiued by c)lamination. on motvn, Of 011
" "even
"r
S Icmerlt to the b, r,an d app '"lta lons
" for a determination a r maTa! cha racter. lncllde evcry such
appllutlOn
I th at applica tio n
eumination. moral character co . w;s SUbsequently withd raw n For each appliCall)lI, indicate the nat ure of the application (es,
application, denied).
,mlly . the datch was submitted. and is uh imatcdisposition (e,g., admitted to practice law, withdrew
ii'
SOTE:
'.
rES 0 NO
A Certificate
o( Good 51an d'rng must be submitted
,
.
ilr eaeb jurisdction into wbicb you bave been
admitted. to practice law If yo u are submitting this ap p);;:ation simultaneously witb the attorney
r~glstrallOn, only one Certificate of Good Standing must be submilted
If you are suspended or
disbarred hom practice as a result of a disciplinary proceeding. you are not eligblc to fik. an
Application for Detcrminalioll of Moral haraw:r (Rule VI, Seelion 2(b) of lhe Rults).
_____
---""""'''1\'---'-<'-\--
o Failed eumination
D Withdrew application"
~'--------
t;lOthcr reason
D Failed examination
D Witbdrew applicalion"
D Other reason"
D IF CONTINU ED ON AT T ACHME NT
""
"
_ "' T "
,," a part y to an y civ il aC lion or Bd mlnlSt
ra UVe
proce~ .... lO g.
hiS
Uprese
.
II, Have you eycr been a party 10 or are yO
....
Wor Ker's compenSD l!(XI , etc .
..
_
.
small C",lms,
Incl udes divorce, dissol utio n.
II 1 Have ... ny
; u dgment~
been
D YES
DYES
FRAUD. MISREP
MaKe as many
co pi ~s
o f FORM 1 as yo u need _
"
'"
ffNo
DYES
~m
"6'" ....
CONVICTIONS
I
..
dd' . l b "
n Wntlllg respOnse I
.
a ~JOn 0 or c aoge In ,"formation previou I
~ 0 quesllons under tle moral character section of the apph:ation wbenever
s y furnIshed (Rule VI, Section 7 of tbeRuJes).
IN ANSWERING TlIEFOLlOWING QUESTI
NO MAnER HOW MINOR THE INC IDE ON,S, Y?U SHOULD INCLUDEALLSUCfllNCIDENTS AND CONVICTIONS,
III
10 Appear, Driving Without a License D ,~T. 1 rafrlc violations whicb mus! be reported under this question include f.'allure
.
'TlVlDgwitbaSu speD d edLI cense, and Reckless DrlvlDg,
" as wellasalltraflic VIolations
"
tbat resulted '
ill a mIsdemeanor or f ...
e .... Dy convlc:t ion.
,
B
I"
"
"
,
"
DYES
.
"d' tion for any incidell?
Are you awaiting fwal adJu Ica
DYES
/.0.'"
.
IIcmpt of court?
Ibve ),ou ever been beld In co
DYES
c/.o"
DYES
,"0":
NO,
"
DYES
1.0-
"b'" '-'
, 0.' ."Sw~r to
ny of ti't follOwing
ntt
"
SCHOLASTIC DISCIPLINE
Have .. au ever been dro pped, suspended
.. demic performance?
tban aca
. .
II
,expe cd, or otherWIse disciplined by any school for any reason otber
......
So
;KES
leYES. SI~1e the ~eaSQns fully below, providing the name of (be scbool, the date , the reasons fordi scipiine, and
tbe ftnal d
OSlllOtL
~~~~~~O~~~~~~~~~V~~~~~~V~r
0-".\1.1
~v,
k-;,
~<tS
BONDEDNESS; DISCHARGE OF OBLIGATION; INDEBTEDNESS
132
DYES
foe
If YES. specify the nature of tbe position, tbe inclusive dates, amount of bond, and whether any attempt bas
~.~n made
lil
Has a bond ever been refused where you were to be the bonded person?
DYES
DYES
DYES
DYES
l
nulIl
.
un
~SSi~ned, the loan aceo
___- - - - - - - - - - - - - - - - - - - - - -
--------==---------------------
[1
I3
BANKRUPT
CY
...
DYES
a bankrupt?
tlas a petition
. . in bankruptcy ( personal or b .
_.
..ver been filed b
.
.
or
io assoclanon with others').
If YES. complete FORM 3
. .. . USl(less
'. . related)
y you or against you, euher abne
~-,
DYES
DYES
YES
lfYES
of the. above. you must BUach apt' .
. b t h etobanv
wit
an'k ruptey petition,
BOy ObJ'",.
e ILIOn ror bBnkruplcy. all schedule5l1nd statements filled
tb
er on.
ed
an d'Ischarge from the ha k I)n or exe mptlon
. 10 discharge filed by a creditor and tbe rulln.
n TuptCy court.
",
DYES
/0-
Ii
YES. Pon
lease
state thep;oc,
date o ftille . numbe
Cl'otlflue
a separate
'f r 0 f case, the name and location of the court it the space below. and
paper I needed ATT ACH to lbIS app IIcallOO
CHEMICAL DEPENDENCY
5. applicantS should consider the following definitions for the words and phrases:
. Ability \0 practice law" includes performing services in a court of justice. in any manner, Ihrougbout ilS various
stages and in conformity with adopted rules of procedures. In a larger sense il includes providing legal advice and
touusel and preparation of legal instrumentS and conn3ctS by wbich legat rights are protected. Law practice may
llso include !.he resolution of legal questions for consumers by advice and action if difficult of doubtful legal
questions are involved. which. to safeguard tbe publiC. reasonably demand tbe application or a trained legal mind .
tr~Slwortbiness.
MILiTARY S
m er of the
ERVlCE
o
o
I am presently a member of h
t e armed for
1 was a member of the arm"d f
ces. (Complete a and b )
... orees . (e cmplete a. and c.) "
"
Branch of service
Regular armed forces:
Air Force
0 Army
o Coast Guard
0 Marine Corps
o Navy
0 Army
o Coast Guard
0 Marine Corps
o Navy
o Coast Guard
0 Marine Corps
o Navy
DYES
o Air Force
National Guard.
Air Force
Army
0 Reserve
DYES
0 11'0--
o YES
0 11'0--
DVES.
01'\0--
o YES.
01'\0--
If YOO
ONO-
DYES
aTe DOW
lln
1/
narralive explanalion
attllch a copy of DD Form 214 to tbe application. Make sure the copy includes
- db
"
U"I 'uary Persollllel Records Cenler.
separated f rom military serVice,
f S vice" This form may be acquIre
y wrtlmg
to .HI
er
.
Your "Type of Separation" and "Character 0yare
required
\0 furnish a DD Form 214 or other report of separation.
If you are
00
Page
Blvd
51
LoUis.
MO
6313 2 . c Ou r thai 110 such document e~is!S. allach a copy of tbat notification to this application
97 '
"
I ReeO rds entC
.
onne
Vl1ed by the M iJiluy pers
"pori of separation from the Miliary Personnel Records Center can be a time"
b
'0T[: Acquiring tbe DD ForJl1 2140. rotU
.
' of your awlication_
" ill, wese papers by the Comml\lee
Wt-Dd clay the processmg
A delay m recCIY
con$uming process
III 5
traveled [indicate COUI1ITYfregionf> e.g . 6/89 - t 2{~9 rcc upeUl!d from major surgery al parents' house; 1191 - 5191
Allach page(s) as necessary.
. If you held a .JOb (or jobs) which lasted less lIIan sill months, please so Slale.
Page 17
INREAPP~~C
NAME:
~ ~u ~ puGiLI~
SOCIAL SECURITY
'
I.
~...eA_____ G,
r-k- 1
of Bar Examin~of the St B v C ~f ~ohaving filed an application with the Committee
investigation made as to m ate r~ of Cahfornia ("Committee"), hereby consent to have an
questions in the fore oin : q~a I .Ication for good moral character. I have carefully read the
without mental reS: g. pplcatton and have answered them truthfully, fully and completely.
disclosure of an f ;vat~om of ~y kind. I fully lDlderstand tbat l3.ilure to make a full
, (f
dY ae or mfonnatlon called for may result in the denial of my application and
recelp 0 an a verse moral Chafae t er determmatlon.
"
'
I therefore agree to give the Committee
through the State ,Bar's.Office of Admissions any further information which may be required in
reference to s~ch mvesugation. I understand that the contents of my moral character investigation
are confidenual and that 1 will not receive and am not entitJed to have disclosed to me the
information received or obtained during such investigation except as provided under California
Evidence Code section 1040,
1 also autho rize and request each and every law school having cClltrol of any documems,
records , or other information pertaining to me to (i) furnisb such to the State Bar's Office of
Admissions, as required by the Committee; (ii) permit the Canmiuee or any of its agents or
representatives to inspect and make copies of such documents, records and other information; (iii)
answer any inquiries , questions or interrogatories concerning me which may be submitted by the
Committee' and (iv) appear before the Committee and to give full and complete testimony
concerning' me, including any information furnished by me,
tborize all educational institutions and testing organizatiOns to release to the
Iurerau
"e
drequest
bth
"
tb
f
C'
'w mation flies or records pertammg
to me
y C
e omnllttee
10
ommlt.tee ~y I or d'es ~nducted by the Committee regarding the admission process,
connection With any stu I
'scharge and exonerate any law school, educational institution, or testing
'
'
, I .hereby release,
th'd I
respective
employees, agents and
representatives,
an d any p!rson or
org~zat~on, any ~f r~r uested documents, record,s, and other inform~ti~n pertaining to me from
nature and kind arismg out of the furnlsillng of such documents
orgaOlzatlOD supplymg q
any and all liability of
the committee
'
'
records and other information to
,
d request every person, firm, company, corporation, governmental
I further au~Oflze an inslrumentaliry, law enforcement agency, coun, association or
~gency, bank" credit co~:ra:~; other documents, records a~ ~ther inf~~at~on pertai~ng to me
mstitution haVIng co ntro,
aled records; files of bar assOCiations or dlsclplmary pertment data)
'mcludiDg any cOnfidentlai'any
orse such information;
,
(..II ) permit
, th e C
'
omnllttee
or any of .ItS agents
(
to 0) furnish to the c:orrUIlitteed make copies of such documents, records and other information; (iii)
or representatives to tnSpec t ,an or interrogatories concerning me which may be submitted by the
ns
"squeSUO,
'
'
fun and complete testimony
answer any :mqUlTle
,
before the Cormllttee
and to give
C
.
'and (iv) appear
,. '. .,
omnuuee,
, .'
'
DI7
ev~ry
II
Praence
I hereby release and exonerate the State Bar of California (including its Board of Governors.
the Committee , members of the Committee of Bar E)(aminers, and officers, emplo)s, agents and
representatives of the State Bar) from any and all liability of every nature and kind arising out of the
furnishing or inspection of such documents, records, and other information pertaining to me or the
moral character investigations made by or on behalf of the Committee.
For purposes of this release, the undersigned gives pennission to use a photocopy of his/her
signature on this form as an original signature.
e under penalty of perjury under the laws of the State of California iliat
Ihereyec
tar
~
. . . ., .
t
d
t
b dstateIDmts
the answers
and
provided by me in the oregomg ap~catlon ace rue an corree.
Executed on
at _
.
. s received more than 30 days after being signed will be
APplication
Note: d as stale dated.
cetucn e
(),S
Page 19
1 - RECORD OF CIVIL
First
)b.IUlt
tlf
case (e g
DO NOT DETACH
Middle
Last
orcase ___________________________________________
CotDpl, ie "ille
'
c~~lfijenumher-----
______________________
Date Filcd _ _ _ _ _ _ _ _ _ _ __
N~"4"_Of"OU::'~I~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~::~~~~~~~~~~~~~~~~
________________________
[,"
Yt'lI.q!f1silion in case (e.g
Statc _ _ _ _ _ _ _ _ _ _ _ __
Zip _ _ _ _ _ __
----------
Defeno.l1nr
Cily
Slare
Zip
AlWrllCY
Zip
2 - RECORD OF CRIMIN
DO NOT DETACH
ALCASES
Middle
Last
INCIDEl'iT
Felony 0
eprg(s) (c .g . petty
Misdemeanor 0
thefl)~=:--_-.---::_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
~~n----~~-----------------------------~-------City
County
Slate
[
fliARRATlVE
Provw e a detailed na rralive of the circumsta nees surrounding the incident. Ir your answer needs more spate. please attach a separate piece
olIllPe:
\ ARRESTIl'IiG AGENCY
51311:. _ _ _ _ _ _ _ _ _ _ __
Zip, _ _ _ _ __
Nl~~r~w:":,~'_================================_~::======================~-~==============~
CiIY_~_======___--~~~~~~~~~_-:~~~~~___________________---"'-he!s
Start
__________
Zip _ _ _ _ _ _ __
QlARGE
Misdemeanor
Misdemeanor 0 .
RESTING OFFIe
copy
.--i.......
DO NOT DETACH
UPTCY OR INSOLVENCY
First
_____________________________
Middle
Last
S:'~'~":I~S~':'~':"~"~N:um:b:"~_
~===========
,~==~~-----------------------------------~==~
Addrcss ____________________________________________
CIly _ _ _ _ _ _ _ _ _ __
5Ialc _ _ _ _ _ _ _ _ _ _ _ _ __
"
Zip
banlm~tcy
nl1p~.;ition
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ___
DYes
ON,
DYes
ON,
DYes
ON,
, h
on a separate sheet of paper and include the current salus of
Wete any debts not discbarge ,7 If YES ' list! emk n 10 make the amount current an " or t h e reason T
.
and the stepS III e
~r: deb!, tbe amount SliJI OWlDg
lIonpiyment.
.'
.'
....
."
. ...
Irdb
THE PETITION yOR 8A~~~~~ION TO DISCHARGE FILED BY A CREDITOR AND THE RULlNG THEREON,
H
"lTlno'roi, ANY 08JECnO N OR KRVPTCY COURT.
kl) DISCHARGE fROM TOE BAN
" you roUSt conUlcltbe bankruptcy court where you filcd the petilion. If
. ve an !he: requtr
. ed docunl cnmoncs
,
.you
.
tbe: court will provide
wltb a locator nurober for the docu IncnlS
b
you
do
not
a
b
s
the
docU
'
If
tb
ourt nO longer a
d I archives location where you can request copies of the documents
c bankruptcy c
ropriatc re era
and will direct yOU 10 the app
:lT4.C
(121
I
..b ..........
DO NOT DETACH
4 --- AUTHORIZATION
TO RELEASE MEDICAL RECORDS
.
'
t IS 51,.,d "lb-
.
... UZ311ln,
.U[bu!ae------------____________________-;,;:::~~~~----------------------------------------------___
(Name and address of instill/lion or doctor)
:qll~\tidt informalim, inCluding copies or records, concerning adyice, C3rc or Irealmen! providtd 10 me wiLhOlit limitation relating
I!l menIal illness. use of drugs or alcohol, to representatives of tbe California Comminet of Bar E;uminers who are involved in
C'H.Ju, ;ing an investigatio n into my m ora1 cbaracter for adm ission to practice law in tbe Slate of California
\llO.t Information as may be received will be reported only 10 the admitted 3ullloril)'
[~reby release, diSCharge and ClloncralC the California Com mince of Bar Examiners, its agcrus and represellltlliveS and
In
or
Signalurt 0/ ApplIcant
Dotf'
----------:~--
WitnesS
--------=~--
WitllesS
U2i.
DO NOT DETACH
Last
- - - - - , -_ _ _ _ T" _ _ _ _ _ , _ _ _--:::Month
Year
Month
Year
f ttending physician _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
'
. Nllllc,'
n''. current address
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
_ _ _ _ _ _ _ __
",.'"
c'" - - - - - -_ _ _ _ _ _ __
ie;{~:.ane
":'i~ol
Zip
Slate _ _ _ _ _ _ __
========
(L_ _
______________________________
i!.)spital or institution
a..!:!.";;S
C, _ _ _ __
Slate _ _ _ _ _ _ __
Zip _ _ _ _ __
ub .......
Flrst
Middle
~t~0
F'om
r ""nnenL
.-- -_
- - -____ I _____ To:
-----~II-o----y;y,.,
Moo ..
~~~~~~~
PhYSician~===================
_______=~========
_
___
Same of attending
""""n
Last
_______________________
ne ([ _ _--.J
\;O;:~I:" 0
r b"pital or institution
:d:,,:,,~===~___________________________=--
__________
Zip' ___________
Siale
Stale _________________
Z;p
_ _ _ _ ___
T,["bnt(_~-1~=======~~=============
0(
';lib!!
problem
' an d treatmen
completely the diagnosIs
~-----===============
---
'
-<1..180
PRIOR APPLiCATION
,
' S FOR AD~IISSI0N TO PRACTICEL.W
,L.;"e lOU eVer submitted
'.
'
'_
.
pphed lOr admission in N
a~phcatl~n there ~s 1 took the bar exam a ~vada._ I am uncertain as to what dale would be auached to my
Nevada In July of 2001 and passed 'radu ~mester before graduating I applied to take the bar exam in
Chaldcter and Fitlle~::; Committee 1,',ld r a mSlfrom Jaw school in December of2001 The Nevada Bar's
theh -
alorma hearil .
d fo
>
"
0
r
- ~
' I ' f t ' p'ller fOf Ihe class !hal was to be wonh ..-100 the grade Dunng Ihe
ratos lrumedma _.
1 een-pag
,
"
' " _I fJ-:d '
. ' a ,d ,ubsequent Nevada Bal mqully St:\cral ,Iud
.:nl", M,gn.:u alLl av!l~
, - 'cadetnl\~ I11vestlgallOtl
J
;ourse 0 f t Ie a
, "..
"u', in this I"per T,,,o months after the class was over \1ark
' ,
h h had m lact seen m
.
n dIcatmg t at t ey
-d
h" "py of my p'ller and asked If I would lTy to find a coPy r
"
d
thathedl not ( I v . . . . . . ,
,
fratos mdleate to me
d b '"ed ,I For reasons lhat are stdl I'en' unclear to me, Mr Tralos
.p
. alion into whether or not I aCTually "wfote tbe paper when H was
found a rough dra ftr
0 my p
",'
'
I
academiC
m\estl.B
.
.
.'
then instigated an 0 ft ICla
_
,""
,'oc my law ~chool conduct ed a full -In\'e~Hgalion.
IntervIewing
, d- al affalr~ o"leer
,
dJ A.fter the <;tudenT JU ICI
-d' ". t TUnllhe paper in. the mailer was resolved with a findlllg thaI
,
-fied that 1 dT mlac
se .... eral students who tesU
on mv pan
,
d'"lie dishonesty rook place
~
B' ar was delayed several months because 1 could not alford an
,') aca
,
I Nevada Stale
"
An 0 ffi'
Ih '
"
hearinl.! betore Ite,
I.
he February California Bar e~ammallon
ICla eanng
, ;v h" lime
- I waS SlUdvmglOla"et
.
.
ed
d'
'J
_
d Fitness Comllutl~e ISSU a recommen allon HI UIY 0 r
,norney ...... t t ...
B r Character an
" ' , '
.
d Ihe Nevada State a. _ h
1er and fitness to prawce lal\ m ""evada i'ievada"
:0<.: place anffi
h' a' I had the requIsIte c arac d"'o' must be approved by the Nevada Supreme Coun
~OO"" 10 the ~ eel I
h' ecommen
- " R I dictate that t IS r
I ",,-ada Supreme Coun ordmanly looks at such
Court ues
d le(hattle.~
. ,
.
Suprcme
' . da has mfonne n _
<[ and Ihe recommendation 111 my cllse shall be re\1cwed
r .... State Bar ot ~e\a
"l June and m Augu._
.
_. eayear.
rec':Immendatlons (WIC
11
r-
~ -
==-
.'
. - =--
-=
~: ~
=:: ~~~:-i~~
.:;-
;:"
.. '" "t
~
"E::~
=.:;
:;
,., .. ,
AIm. I.
III. }III',
1\.:11/0\ I "11\
~I"',II ( llilla,In "'"nh~t
1Mil 11"\\Jlld ~I'",I
on
.uuSt. d" mlll1cn.e 01 '111\' dmA when r W;15 pulled over for ha\'ing my scat belt unfastened. I must admit
1"111 IllItt' ~lIInJ"l'd !II!lt1JIIIIIlJI In Ihe wC('k$ preGCd\ll~ my arrest J often won: lhe same S'o'o-'C3ler I '',is
we UIU~ Ihl" nlMhl I W'I~ Mte~led J would "ere .lltllllo51 nlghll), to B\oid turning on the heat In Hly
1f':UlIlICI1I 'II ... (llIktr 11111\1 have Mucllcd IIIMIJuana on I.hlll 5\\otller from nights when I had pm10usly
MlIr!okcd mMIIJluIIIH, I \\ould "nuke marlJlllnl;! fiJ),1tlllgly on nIghts after work when my chronic midIhor:I.o.-l": .uul ""f\1t,;.D1 paUl would be uJtu.~u;rll)' b;ld Thi~ would help me sleep and ease the P.1111 I have
'",<.;C ,tarled;1 t.:htrOlllU~'ItC lind phV~iClII theropy regime that !'Ilso includes yoga I foc i rcm.1rkably bener
I I);IH' bccUllWIII'l:, IhtOIlAh new~ repons, that nr.1nJlllulll is cUO'Cntly being prescnbed to tteat
tltrullI' U,I' J.. lind neck P;IIII Funher, I never mtended to lise manJWUUl for pain for an)' longer than It
"ould 'ake Jllf my IIIC<hliill IIIsumucc benefits to become active, al which tunc I could afford proper
hcarulenl 1110\\ haYe henllh in~umnce, I had been In tbe process of scheduling appo\luments with
(luruPI'I~ lor"l, ph~/t.Ir;;llthenrpISls, !'Ind pain management physicians at lhc t.nne of this charge
I ~11,"cd drlllid"~ 111001101 In my If]Y twenties and ha,'c never been more than II social drinker,
I, unher, nr.~ dru,l( UfoC hn.' been coufined 10 Illy recent nse of marijuana for treating chronic back and neck
~UII WhIle IIl:ld II prescrlpuon on file for hydrocodone at the time, [ ha,'e since dlsoontm\lCd use of this
pmll killer 115 II m:lkes my Slomach n1lU5C()1I5 1detest dmgs and am so reJiC\'ed that my chrome pain has
~uh!ol dcd antllhnt I h.we found mlluml llIeasures with which to treat It
I hil\ e definitely been frighlened by this experience and Mil nC\-'cr use marijuana again. ] am
now he.: of the dlrollic b.1ck and neck pain thM plagued me, Thanks to the Incredible chiropracuc
Irc<lImcnl 1 hll\'(; receIved, III addilion to physical therapy and yoga, 1 can get through my daily life without
c)f.ptne ncln..: S18!11ficallt pall!. I feel that I have II new lease on life. I have not been referred to any
treatment progmms for dmg or 111001101 libuse, nor am 1 currently enrolled in lreatment 1 feci absolutely
110 deSIre to IiIke any IlUlriJuana Indeed, I abhor the mental and physical toll it takes on one's body.
My January 13, 1003 arrest has recently been ruled on, I pled guilty to Section 2310 I of the
Cllh(orm;e Vehicle Code This is II recklcss driving charge, also known as a "Dry Reckless," This is 8
lIolhllcohol or dntg related clt.1rge IIUlt carries with it no probation. 1 am including with this letter a
(;Cr1lfiod copy of Ihe MmUie Order indicallng the final disposition of my charge. Lastly, I have moved
bad: to Reno, Ncv,lda, my homelown, to be llear my mother, father, grandparents, and siblings at a time
when my fanlll)' needs my presencc, Icmporarily. However, it is my stIong desire to practice law in
(~lhformilllfw:ll plan on residing there and very much wish 10 be practicing law in such a fllle state
Sincerely,
Zachary B. Coughlin
CJ2
Apphcatilm of Zachar,.. U (.
Soaal S
J()ughhll
OCUl1lyli 29S Rb 4180 ..
tcbruary 23 20(JJ,
Katb) ('rar}'
Office of Admissions
Tht. Slate Bar of <. 'a!ifurnia
180 Itoward Street
San l'rancisc:o, CA 9410S-lb39
Dear
~1s t
rary.
0" l4llUdJ Y23th. 2003, 1 .... a:. [lI.IUtii uVer fOj nut w<,;it,ifjg fUY scat WI. ; ,,"'ilS charged with driving
mdcr the mflucnce (am ''\-Titing 10 inform yOU and the State Bar ofCaliforrua ofthis in compliance v..lth
my .'Cn!l.'1c.:n:;, dUlY to rue:1. the bar of !i.'1j" pendill;;judicial proc...'"edingl;, A!so, ! have bee!l let go from my
position &1 Schul.>fing. Zimmennan & Suilly in light of my recent arrest and hope this 1cncr compl.ies wilh
rty dlJtv tn JIt-ep the bar informoo as to mv cmploymcnt hislory
Sincerely.
Zach Coughlin
945 W. 12th St.
Reno, NY 89503
Tele: (775}338-8118
February 15,2007,
Please accept this correspondence as an update for my Moral Character Application, filed
September 28th, 2002. I have previously indicated to Ms. Kagan that there were several
matters to which I need to update my previously filed moral character application.
Section 1.5- My original application listed 2612 Burton, Las Vegas, Nevada., 89102 as
my mailing address. Since that time I have had several mailing addresses and residences.
1 will list the mailing addresses with the corresponding time for which they were my
mailing address, to the best of my knowledge and recollection.
September 2002- December 2002- 1228 S. Casino Center Blvd., Las Vegas, Nevada,
89104
Early January 2003- Early March 2003- 2104 Madera, Sacramento, California, 95825.
Mid-March 2003- June 2003- 1044 W. I" St, Reno, Nevada, 89503.
November 2003- April 2004- 4263 Greenhorn Ct., Reno, Nevada 89509.
Apri12004-0ctober 2004- 1044 W. I" St, Reno, Nevada, 89503.
October 2004- April 2006- 1255 Jones #132, Reno, Nevada 89503.
May 2006- February 2007- 945 W. 12 St., Reno, Nevada, 89503.
-.3
.JODI
September
2002- D ecember 2002- 1228 S. Casino Center Blvd., Las Vegas, Nevada,
89104
2003- ElM
Early
January
Mid-March
2003
ary arch 2003- 2104 Madera, Sacramento, California, 95825.
- June 2003- 1044 W. I" St Reno Nevada 89503
'
,
,
.
J une-0 ctobe 2003
November 2~03 - 631 Humboldt St. FRT, Reno, Nevada, 89503 .
April 2004 0 - April 2004- 4263 Greenhorn Ct., Reno, Nevada 89509.
- ctober 2004- 1044 W. I" St, Reno, Nevada, 89503.
~ctober 2004- April 2006- 1255 Jones #132, Reno, Nevada 89503 .
ay 2006- February 2007- 945 W. 12ili St., Reno, Nevada, 89503.
Section 4.2-EMPLOYMENT HlSTORYI am not currently employed. 1 am looking for work as of February 15th, 2007.
Employment that lasted longer than six. months which was not law-related:
Name of Business: Zachary Coughlin's Memory Foam Mattresses and Pillows
:as
l.
daily duties.
I my original moral charac ter app I"IcatlOn I hsted
Perry & Spann as my current employer.
In
.
Ewas employed there from June 2002 through early September 2002. Alan Westbrook,
. sq., my supervisor there, told me 1 was let go due to the unexpected delay in becoming
licensed to practice law in Nevada. Mr. Westbrook told me that I had done a good job
Your
Position: Legal researcher
Length oftime employed, from and to: 1 have performed legal research and writing for
Mr. Hall at a variety of times between May 2003 to the present.
Reason for leaving: I have been an independent contractor to my knowledge, as such, I
cannot say that I ever 'left'.
City: Sacramento
State CA
Zip 95825
Business Telephone: (916) 567-0400
Your position: I was hired to be an attorney, but my Nevada license was delayed, so 1
li
Reason
leaving' Leo Sc huenng',Esq.,
.
told me I was being let go due to the unexpected
delay in for
becomin
Reason for leaving: 1 took a fuJI-time position in Sacramento CaJifornia with Schuering
Zimmerman & Scully.
'
Please note: the instructions for the section do not setm to call for listing my mattress
business license, as the procurement of it did not require proof of good character and or
examination.
section 9.1 A: The California Bar Examiners denied my application to practice law 2006.
The reasoning for this and the explanation of the circumstances of this denial is known to
.; (l 0 4
Account Number'
[1 (j
2010014403
Original Creditor
SIERRA PACIFIC POWER
Status' Coli '
COMPANY
,
eelton account, $470 past due as of Oct 2006
AFNl, INC
Address:
PO BOX 3427
BLOOMINGTON, 1L 61702
Account Number'
2010830230
Original Creditor'
CHARTER COMMUNICATIONS
Status Collection account. $148 past due as orOCI 2006.
CHASE
Address
800 BROOKSEDGE BLVD
WESTERVILLE, OH 43081
(800) 955-9900
Account Number:
441716302291
Status: Account charged offi'Past due 180 days. $824 written off'. $824 past due as of Jan
2007
COLLECTION SERVICEiNE VDA
Address:
777 FOREST ST
RENO, NY 89509
No phone number available
Account Number'
4170660000329713
Original Creditor'
DIGESTIVE HEALTH CENTER
'on account $133 past due as of Dee 2006.
.
Status: C 0 Ilectl
COLLECTION SERVICE/NEVADA
Address
777 FOREST ST
RENO, NY 89509
Account Number
006
IZ....
4170660000336519
Original Creditor:
DIGESTIVE HEALTH ASSOCIATES
Status: Collection account. $419 past due as of Jan 2007.
COLLECTION SERVICElNEVDA
Address:
777 FOREST ST
RENO, NY 89509
Account Number:
5200660000319051
Original Creditor:
RIVER ARMS APT (This represents the same debts as those in the unlawful detainer
judgments)
Status: Creditor cannot locate individuaVColiection account. $1 ,532 past due as ofNoy
2006.
CRED PROTECTIONS ASSOC
Address:
1355 NOEL RD SUITE 2100
DALLAS, TX 75240
No phone number available
Account Number"
1307143532
Ongina1 Creditor:
CHARTER COMMUNICATIONS
Account Number"
450306229 .
Status: Closed/Past due 150 days_ $55 past due as of Oct 2005.
NCO FlN/99
Address
507 PRUDENTIAL RD
HORSHAM. PA 19044
--~---
No phone number
Account N b aVailable
1365
urn er'
Original Creditor:
NCOI ASGNE OF
549095000591 .
Status: Account charged offJPast due 150 days. $1,497 written off $836 past due as of
Nov 2005.
Section 16.1- Accounting for time:
The periods that are not accounted for are due to being unemployed and seeking work.
have had many jobs that were not law-related and lasted less than six months.
This concludes my update to my original moral character application. For your
Zachary
COUghlin~ I'
\.. L<7t.-'JM
' ~jAv'-""\
<
1108
- - - --
No phone n b
A
urn er available
CCOunt Number"
1365 "
Original Creditor"
NCOI ASGNE OF
Status: Collect'
WELLS FARGO
Io n aCCOunt . $ 1,4S
8
past due as of Jan 2007.
REVCARE, INC
Address:
5400 ORANGE AVE STE 200
CYPRESS, CA 90630
No phone number available
Account Number-
RE\TPVVASOI66844883
Original Creditor"
RENOVVN REGIONAL MED CTR
Status: Collection account. $1,200 past due as of Jan 2007
Nov 2005
Section 16. 1- Accounting for time:
The periods that are not accounted for are due to being unemployed and seeking work. I
have had many jobs that were not law-related and lasted less than six months.
This concludes my update to my original moral character application. For your
consideration, I am enclosing a packet of signature pages that detail some of my
attendance at meetings directed towards my recovery. This list is not entirely complete as
some pages were damaged and many meet~gs were attended without gathering a
signature. 1 apologize fo r the lateness of this update.
Sincerely,
UlltJ
000158
11 keep looking
I k
.
now 1 did t
.
.
.
~~er atop it and a request th
~rn my paper 1n , 1t had my s o ci al s e c ur ity
;8S0ns for this being I b I' at 1t not be used for any online posti ng , the
,ne anonymously (particula~lleve the law school grading exercis e is best
1 class) and because the
Y ~here employees of t he profess or a re ta king
:mld want it to be ut on g~alJ.ty of my ,paper ~as not of the level t h at I
ri'te the so t
f
P
d~splay. 1 s~mply d~d not have adequate time to
~amination ~s ~eliaper I ~m capable. of, for I ~as prep~ring to tak e the Bar
.
An
as tak~ng 6 cred~ts and try1ng to ll.ve at, t he pove rt y
l~e.
.yway, I do not know what is done in this sort of situation . From
~uroemal.l, I a~ not even sure if the copy of my paper I turned in is still
y ur pO$seSSl.on, I have heard that grades were due the 3rd, then t he
:lth.
I am sure I speak. for William Ho rne, another student in the class who
s graduating this December when 1 say we would lik.e to get our grades as
oon as possible as we need t o know how many credits we must take to
raduate this December.
n another note, I sure did enjoy your class and wish I could have taken it
t a different time in my life.
The class was probably one of the one or
wo best classes I have had, covering such a broad range of vital subjects .
ctually, I have aspirations of going into intellectual property law, taking
he Patent Bar Examination (I have a B.S. in Biology). 1 have emailed Mr.
ok-Boychuk for some general guidance . Though I was ranked 14th in my class
time your firm came around for interviews, I don't think I got one ,
) currently examining the possibilities of opening a solo practice
1 pass the Patent Bar, practicing gene r ally in the area of
ntellectual property with some emphasis on entertainment law and a spe cial
ocus on the recording industry, perhaps running a record company (I a m a
c.rnposer and recording engineer) . Anyway ,. I spoke with th7 Oavid.M7 eks , ,the
lirect.or for the Institute of Patent Stud).es and he was qu).te fam).ll.ar Wl. th
'our firm and its prestigious reputation, assuring me that Las Vegas woul d
,e an excellent place to pursue such a livlihood .
,et me know what I need to do . Thanks.
;et your FREE download of MSN Expl ore r at h t t p: //explor e r. ms n. com/ intl. a sp
00 I
Catherine LUGe
000159
28Chcoughlln@hotmail.com'
paper
)snk. you for your responsive e-mail and for the kind words. We have no papers that were turned in without a student
Ime on them, at least of which we are aware. Perhaps you can help us out by providing us with some more clues.
'hat was the topic? What was the paper's tille? What was the lotal number of pages? Where did you do th~ paper? Do
lU have an e-copy? Is it on your lap top? Unfortunately, I have no choice than to assign an incomplete until we can
3ck it down.
ark 1ralos.
00;.:
My paper was a case not e or case comment on the Tasini v NY Times case J believe was the name it
was around 18 pages, depending on the font of course, and the case was th; one that was just decid~d
by the U.S. Supreme Court, and entailed matter relati ng to copyright and authorship of articles
originally printed in a magazine or compilation and then sold piece meal to infonnation stations like
lexis. My paper detailed the majority opinlon and provided some background on this SUbject. I know
of at least one student who can verify that] turned this paper in. His name is Mike Destefano, he is a
police officer as well. ] placed the paper atop the lectum wjth the others. I'll keep looking for it. I
don't know what the protocol is in such a situation. Again, my sociaJ security number was written atop
the paper, as was done in all other classes] have taken. I don't know how this type of situation
typically plays out, hopefully we won't have to fin d out, however, ] have heard that the total .
percentage of our grade that this paper addresses had been changed fro m 40 percent to something
around) 5 percent. Perhaps assigning me a pass/fail type grade would work out .
~(.le...
.
~
J
J 'fu.. V
'f< .... J~
04 .... H""' (;1V'-<. ~
'-' Lv. 'f I "i'"
>Subject: paper
J!
~".....
-iLc. ~
9" <) ~O
o.JfU.~
::~~------------------------~003
000161
zachcoughlin@hotmail.com
Your paper
sci<:
-hank you for the quick reply, Sorry you were misinfonned. the paper represents 40% of the grade. We received
veryone else's papers. Please try to find it in your lap top. II would be hard to give a pass/fail grade with no input on
0% of the grade.
.
Aart Tratos
..
To:
CLuce@quirkandtratos,com
Subject: Re: Your paper
000156
[)
h Ii
om fOT all involved. Should this lflcJ~de havms, mehS0alto t e.e art thO reconstruct my paper or a
djfferent
entirely, I shall be obhged. Or m t e h,elrnatlve , pel' dap~ s.ome .alternate method of
grade can be agreed upon. Pcrhaps t e aw sch00 a nurustrahon already has
est~1ished for situations such as this. ] will assume that is a matter for a professor to
and not for a student. Please, let me know ifl am incorrect.
"
000157
>
>Zack:
>
>Thank you for the quick reply. Sony you were misinformed~ the paper
>represents 40% of the grade. We received everyo~e else's pap~rs. Please
to find it in your lap top. ]t would be hard to give a pass/fail grade
no input on 40% of the grade.
~,;J"'",rk Tratos
FREE
Get your
9/10/01
ClOS
(
Z8chcoughlin@hotmail.com
Your paper
/
.-'
t threatening
"\
e students who took the c S5 and I
f;;e;... I a n~ was surprise~ by its 10n,e and content. 1have an obligation to all of
ke the matte r up w ith the A
~
simply Issue grades without haVing a basis for them If you would like me to
~fore the matter escalat es to a~:ss ahon 'th1 can talk to Dea n Morgan about how he would like m~ to proceed. However,
- .
ue at a\ level, allow me to provide you with more information .
~e 0 prov! e a hard copy and an eiedronic version of the paper. 1was going to be out of town for a
enod of time In late Ju~y and e~r1y August, and jf it were provided to me electronically, I could load it on my computer
nd r~ad the papers whl'~ travehng. When a professor asks you to provide both a writ1en and an electronic copy, I would
,10k It would be appropnal~ 10 follow the instructions rathe r tha n simply ma ke unilateral assumptions and decisions
ased upon t~ose a:s~mphons. ~evertheless, not only do we nol have an electronic copy of the paper, we do not have a
ard c.opy of It, and illS my desire that your successful law school career not be unduly delayed by this inconvenience.
cc.ordingly, 'will be happy to pay for the cost of having the electronic form of your pa per retrieved from your computer's
ord drive in order that we may get your paper and gel il graded. Even whe n mother boa rds are fried, papers that are
aved on the hard drive should remain intact. Even damaged hard drives can have maleria ls retrieved from them by
sing the proper software. Therefore, it is my oHer to pay for the cost of retrieving the electronic version of your paper
'om your hard drive. If you need assistance in locating someone to help you retrieve it, we can provide you with a list of
am happy to help you, but ultimately the responsibility for keeping copies of your,work rema ins with you a~d you can not
impl attempt to shift the burden of maintaining a copy of your work to us. Even If there are ,others who Will swear,that
he :aw OU tum in your paper, that does not help me grade it, nor does it help me assess fairly your paper grade In the
Y
Y
I
b' ed 'lass grade is done without me knowing because the fin al was taken by student I,D. number
lass. The t01a com 10
....
.
'
tell what everyone's class standmg will be.
prefer that I ask the Administration what is, necessary in order for you to shift to a pass/fail, I can also
,xplore that avenue , but I would prefer 10 actually receIve the paper.
rhank you for your c.oop
'l! 0 7
Judy Sellin
000163
zachcoughlio@hotmail.com
Cyberlaw Class
Zach. Please send me another copy of your paper. Many thanks.
Mark G. Tratos
mtratos@quirkandtratos,corn
'IG[
...
Catherine Luce
From:
2ach'
T
CLuce@quirkandtratos,com
Sincerely,
lach Coughlin
Better Inclu d e a D efiIn Hion of Revision Next Time: The New York Times Company, Inc. v
Tasini, et aI.
Introduction
Cess passed Section 201(c) of the Copyright Act, which provides that,
A quarter of a century ago, on,grh contrarv any author who contributes a piece to a "periOdical issue"
oreement to e
' J'
'
.c, of the
absent an th
express
a_ . war k'"'!ling
under
Section ]01 of the Act, shaU relam
owner:;JlIp
"collectIve
la
or some 0 er _,
. ht 17U S.C. Section 201(c).
contributed artIcle s copyng.
.
ill d 'l'n U.S. District Court, alleging that the actions of a group of
In 1993 a group ofauthords,: e ~Ugi tlhe republication of the author's coyrighted articles in several
1..: h include ucensl.ll
d
infiin'
h
th
publisbers. WIUC, _
d di 'tal database recovery, arnounte to an
gement on t e au or's
forms, one ofwhich.mcIude F ~u 804 806 (S.D.N.Y 1997). The authors argued that the
copyrights in the articles. 9?~ th pp tectj~n of Section 201 (c) of the Copyright Act because the
publisher's action do not elicit. e prooductions and distributions of articles the author's retain
i;~~;
.,
' 1 es WIU
L'ch are su b stantiaUy
.
'
are m aking elcetroruc
fr repr
, ding works and as compliatlons
0f
artie
- . theformof eesan
. .
, 1..: h h
'c1
d'
'.
lll, 111 _
com parisian to the periodical Issue m WIUC t e arb e rna e Its angInal
.
ucoIlecfive
works " l.Il
9/14/01
(IG~
p~ance. I~
bn 821-824. .
"gC~UII
000150
~y such inclusion in the re rev]'SlOns" of the periodical issue , .o~ding that NEXIS and
),~;".,,,.,;, reversed the district c databa~e. was befitting of protection US resldmg ,within the databases and
reVJ slon of each edition of th oun .OpnllOn, holding that the database~~erSectlon 201(c). The Second
wnte of certiorari, Justice ,e penodlcal that it encompasses. 206 F 2 chons cannot be said to be a
databases holding individ ~sburg of the Supreme Court held th . C~61, 168 (CA 21999). On
li as pan of" "reVJ"
II
ua articles from a multitude of ed' 't'
fat
ROM and electronic
Slons of" d' ,
I IOns 0 pe'd 'aJ
works. New York T
ill IVJdual articles under the Copyright A
n OCI s could not be described
lI11es Company, Inc. v Tasini 150 L Ed 2d 50cOt sectIOn governing collective
=
'.
(2001)
~ CoPyri~ht Act jUrispru dence, Tasini is e. sil "
.
Co~ COU~ s lnte~retation of the language Of S~:~~~~e rnamstream of.Suprem~ Court precedent.
Copynght Act IS meas~r:d and thoug~tf~ul, lending a wise eye toward futu re developments in this area
~nd a seasoned appreciation of the. poli~les ~nderlying the United States practice of issuing copyrights
U1 the first place, to promote the dlssern:natlon of useful informat ion and suppon authorial rights.
Moreover, the
lamely analogu,e the present situati on to Sony Corporation of America v .
u,;~~~~~:~~~; incredibly, arguing that all infringing and distribution of the anicles tbe authors
t;
is
done by the individual NEXfS subscriber. arguing that she is the sole infiinger.
However, the Sony Court made it clear that the publi shers actions in the present case amount to
infringement, for Section 201(c) itself provides that an author's exclusive rights encompass not oruy the
"exclusive right" to reproduce and carry out distrubution of a copyrighted work, but that "an infringer
is not merely one who uses a work without authorizati on by the copyright owner, but also one who
authorized the use fo a copyrighted work without actuaJ authority from the copyright's owner." Sony,
464 U.S. at 435 n.l7.
out factu al and procedural background to the issues raised in Tasini and details
N tes sets
P art J 0 f t hiS
O .
..
P
'
h C rt'
aJ' fth e
.
fthe majority
and dissentmg opmlOns.
an D
exammes
t e au san YSls 0
~he ~e~so~gd ~'collective works" issues in greater detail and then discusses the Court's succesful
reVlsI~n aD h
nfl'ct between authorial rights and furthering the dissemination ofusefuJ
resolutIon af t e co J
informat ion.
1. New York Times Company,. Inc. v. Tasini
9114/ 0)
DI 0
.Page 3 of7
000151
database, he ,
IS not exposed
to
. 1d . .
.
.
work that printed it. Id .
a VlSua eplctlOn of the artIcle as it existed in the original collective
authors filed suit chargm' g c
a1
~n.e
d"
opyng t Via allons m the publishers' act of placing the anicles as stand
repro Uchons availabe to dOwnload from the databases. In response the publishers cited the
pnvile~e bestowed ~pon the owner's of copyrights of collective works by Section 201 (c) of the
COP~gh.t Act. and Its 1?76 amendments. That Provision reads: 10 copright in each separate
~o~tnbu.tlon to a collective work is distinct from copyright in the collective work as a whole, and vests
mtua~y In the aut.hor of the contriubtion.ln the abscence of an express transfer of the copyright or of
any. nghts under It, t?e owner of copyright in the collective work is presumed to have acquired only the
p~~ge of reproducmg and distributing the contribution as part of that partiucJar collective work, any
reY1S10n of that collection work, or any later coiJective work in the same series." 17 V.S.c. 201 (c).
The District Court ruled for the publishers on summary judgment, holding, inter alia, that these
databases reproduced and distributed the articles writtten by these authors, and fell within the purview
of the exception created by seciton 201(c), by distributing these anicles "as pan of... [aJ revision of
that collective work" to which the author's initially made contributions. However, the Second Circu it
reverses bestowing up the authors a favorable ruling for summary judgment on the basis that the
databas~s were not among the "collective works covered by Section 201 (c), and specifically, ~ere not
"revisions" of the periodicals in which the Articles first appeared." Id. at 2387-2394. The publishers
appealed to the United States Supreme Court, and cert. was granted.
.
.
. b
' P"'0
for the Supreme Court of the United States holds that electronic and CDlJll
.
Justice
Gins
urg
s
ld
d"
'dual articles from
several
editions ofperiodicals
were not
distributed and
ROM databases ho Lng m IVl
.
.
h h
' I
ok
"s art of' "revisions" of the penodlcallss~e ~o.m whic . t e artlC e was t en,
"
reproduced
a
P
li
h
f
riodicals
cannot
relicense
mdlVldual
articles
to
databases
under
Section
quently pub s ers a pe
..
. .
'd h
conse
,
. h Act which addresses collective works. The maJonty opuuon aVOI s t e
201(c) .of thedC:-opyng
t
,
t of the issues presented in the dissent. The Court first addresses the
Incomplete
statemen
.
d'
h
nfu
co Slon an
h
d the presumptive privileges of their publishers by ad ressmg t e
the rights of freelance
orssurro
an undm' g Section 20I( c) of the Copyright
Act. The Court
tion ~ut
Issues
.
. addressed
bli h
s copyright ovmers of collective works, could exerCIse "the
statutory construe
the issue of whether the pUll s e~s. ~o "reproducer e] and distribut[ eJ " the author's copyrighted
privil~ge': Section 20"l{~) a h~~Sth~~ Section 201(c) does not. afford shelter to th~ publishers in the.
.
I d "eporoduce and distnbute stand
alone articles, rather than
m
contnbutiOn. The maJonty
.
.
h databases mvo ve ,
present case, as t e
f h
rt" ular "collective work" for which the author was a contnbutor,
cont--part "thereo
0 t e pf.a or
IC "as part of... any later collective work in the same series." As
......... and not as a ""
"as part of ... any reVlSlon
. 'd electronic publishers have infringed the copyrights of the authors
such, the majority holds the ~~t3~. 10 assessing whether the ar:icles written by th~ a~thors have been
in the present case. Id. at 2~,
rt of' a "revision" of the collective works, the m~onty focuses on
distributed and repr?d~~d t : ~:ers of the Databases. Jd. at 2390.
.
the articles as percelVe y
"
. .
the fact that the three databases present the author's articles to users
The majority based Its d"~cl~on ~~er the original periodical editions, as well as by any revision of those
of the context P!o: :oie~l that in NEXIS and the New Yor,k Times ~nDisc, ~rticle~ ~~ presented
. Id.absent
The maJo
ty hi
the grap
cs, fonnatting , and other articles which were mcluded m the uutial
the user
J0I I
8
np4~7
publication of the periodical'
hi h '
0 0 0152
hO:' such action could be ch:a:te~z:he artIcle Was p~blished. !d. !he majority simply could not see
anlcJes "as part oP' the on''';n I d"
d as a reproduCtion and dlstnbution by the databases of the
e>,-,.a e ltJonora"rev"
"fh
.,
.
,
refused to acee t an Y .
.
IS,lOn 0 t e ongl.Tlal penodical. Id. Further, the
as a revision ~ therr Inownterp~etahon ~hat mcluded construing the entirely of works in these
. .
nght notlOg that a " e "
"
.
verSlOn IS I'a distinct fann f
hin'
r VlSlon connotes a new verslOll, and that a
Third New lntemati
I D~ ~omet g regarded by its creators or others as one work" Webster's
ona IChonary 1944 2545 (1976) Th
"fu
'
t hese databases as a new v '
~ "
.' e maJonty re sed to view the entirely of
majority holds th t hi] erslOn?f each mdlVldual article that it contains. Id. at 2390. Further, the
a article
w . e each
may hear
proVl' des th at each
wa art]c1es
rt f h
'd"marks of its origin in a specific periodical this only
. . {;
s pa 0 t at peno Ical m the past or previously Id Additionally the
rnaJonty
sort of anal ogy drawn between the
and microlli
microfiche'to be
unpersuaslve pan lcularly whe c
'd"
h
. l".
'"
.
.
'.
n ons] enng t at ffil crOlonns show the art]c1es m "prec]sely the pOSitIOn
In which the articles ap peared in the newspaper." Id. at 2391.
~und an~
databas~s
a~d
Additi~naUy, the majo~ty found unpersuasive the oppositi on's argument that the concept of media
neutrality should proVlde that the 'transfer of work between media" does not "alter the character of" a
work for the purposes of its copyright law application. rd. at 2390. The Court relied on the fact that
transfer of the author's art icles into the databases represents something other than a mere conversion of
an intact periodical, or a revjsion thereof, from one medium to a different one. Id. The majority notes
that media neutrality cannot protect the author's right in individual articles where such articles are
presented individually, as free standing reproductions. Jd . at 2392 . Finally, the majority declines to
accept the publishers' argument that the present case parallels. Sony Corp of America v Universal City
Srudios, Inc. 464 U.S. 417 (1984), which held that the "sale of copying equimpment" does not amount
to contributory infringement where the equipment is "capable of substantial noninfringing uses." Id. at
442. However, the maj ority held that the electroni c publishers are not only selling "equipment", rather,
hey are seUing stand alone reproductions of the articles.
C. The Dissent
) ustlce
' S tevens, J"o'med by Just ice Breyer' berates the majority
for concluding
that
.
.
d" the publishers
" h h shall
Wit t e
' 'h ep ro,ection of Section 20J (c) of the Copynght Act. The .dissent
not receive
h
" Isagrees
h
h
..
Ii t h t Secti on 20 1(c) does not afford shelter to the publis ers m t e present case, as t e
maJonty's
~ ng d'reporodu ce and distribute stand alone articles, rather. than in"context, and
databases mvolve
f not as a
. I "collective work" for which the author was a contnbutor, as part 0 .. . any
.
pan..of the
part,cfu or
ar" as p art of.. . any later collective work in the same series." Id. at 2397.
"thereo
eth The dissent
.
reVlSlon .th
' . ri that a finding of whether a "revision" exists will depend on wh. er the artJ.c1e
agrees
the
maJ~,
ty xt" that it did when originally published as part of the collective work. l d.
appears m the same conte
v.:
0;
.
ful t
ote that the majority seems unwilling to recognize that the alterations in a
Justice Stevens IS carel
s've than those made prior to copyright law by the 1976 amendments
collective work much ess e'J: en,.] n To elucidate his disagreement with the majority Justice Stevens
L ' h _~
d
d
" similiar ciasswca 10 .
do not men a
_.
.
.
ssing the 1976 Act's amendments, WIllC il.l.l.ecte prece ent
"
, pnnclpal auns In pa
.
h
"ty' d'
,
f
.
orks. rd . at 2394 . The dissent then e~p1icates t. e maJon s. lSCUSSlon 0 what
cites ~?ngress
pertauung to collectl~e wh
' 'take two analytically thrilling narratives to explam to the reader
.. " tually IS C oosmg 0
f h
'gh , th
a "revlSlon ac
, .
fthe collective works created by the owners 0 t e cOpl)'l t In ose
why the electronic "verslO~s.o n fthose works within the meaning of 17 U.S.C. Section 201(c) " and
works (publishers) are reh"'''lo " o",'e databases of the revisions witb still more editions of the same
< gj!l'eJl.,;;on by tee ec ro
I
h
'
why
the a: or, indeed, other peno
. d'I cals, within a single database does not' change t e equatIon." Id. at
ori"di"a1
9114/01
cage.J ur
O~~
Aft er Ju stice
'd
f
C
arvar educated law clerk to d
LEXlS
e\: l ence 0 ongress' true goal'
.
.
0a
or Westlaw search to turn up
' rUlci'p,01
I s m passmg Copynght Act he beca
fi
d
r'
goa 5 Congress had w'th
, m e xate upon at least one of the
appeared as pan of some large J ~esp~ct to protecting the rights offreelance authors whose articles
copyright law as we know 't / c~ e~tJve works. ld. at 2395. In adressing the policies underlying
a statute, did what most ani 'J ustlce tevens, in lieu of actually quoting some case law or interpreting
some people who probabl Yknvy L~aguer would do, he looked to Some scholarly articles written by
who wrote that co
. h ~ II ow etter than the electorate and picked this bon mot from Macaulay,
pyng
t IS a tax on readers for the purpose of giving a bounty to writers" T
M acau Iay. S peech es o n Co
yri h 11 (A Th
.
.
. .
up that "th t t
.
p g t
.
omdike ed. 1915). To this Justice Stevens quickly spins
a ax restncts the di ssemination of writings, but only insofar as necessary to encourage their
'
prod utlon., t h e bounty's basic b' .
1 H
1 kin
.
a ~ectlve. Id . at 2 40.
e suggests we somehow find support for this in
00 , g ~t the Urutes States Constituion, Article I Section 8, clause 8. You'd have to be more
perplcaclO~s than I, o r apparently t he majority of the Supreme Court 10 find support for such an
InterpretatIOn .
Finally, it .ap~ears that Justice Stevens is willing to venture into the hairy realm of case law to help
support his VIew on what the underlying p olicies of copyright law are. Now, 1 am too lazy to actually
look up the case and see ifit actually says this, and says it in the way that Stevens is setting it up (but
mind you I am living at the poverty line in Las Vegas and don't have some Ivy League kid to be my
fetch-boy and all, so .. .), but apparently "[t]he primary purpose of copyright is not to reward the author,
but is rather to secure 'the general benefi ts derived by the public fr om the labors of authors." 2401
quoting M . Nimmer & D. Nunmer, Ninuner on Copyright Section 1.03 [A] (2001) (quoting Fox Film
Corp. v . Doyal, 286 U.S. 123, 127 (1932) . Apparently Justice Stevens is only in favo r of paying the
court jester just enough to get by and, maybe, just maybe, send his kid to some piece of shit public
hool or something like that. Yeah, that would be nice for the plebes. But let's not forget that the
aissent takes great pains to point out that the desire to guard such authorial rights is certainly a worthy
sentiment. Id. at 2401.
Somewhere along the line, in the dissent's mind, protecting authorial renumeration became a narrow
goal to be achieved within the broader confi~es of en~u~g the "fi.md~ental g~al" ?f e~coura~g the
production of su ch articles. What St even~ falls to notl~e IS that, muchhlike the sItuatIon ImliPulblic
schooling with t h e people who o sually.wmd up becommg teac h ers, w en you par peop e tt e, you get
little Suddenly the fou rth estate is declmat~d becaus~ nobody w,ants to keep ~sking mo":, and dad,for a
' cover last month's rent , instead optmg. to go mto marketmg or some SIdeways shit career like
littJ eta
g od forbid. Much like someone who would advocate a Wal-Mart for books
tto rney
that O r anot h er a
,
.
d
d
h'
fhi
' '
d N ble isn't already) Stevens mlsrea s prece ent w en, In support 0 s take on
a
' ..
I.
I
h
f
. b
(like Barnes an
Section 20 1(c) he quotes: "private ~ohvahon mu: u tun~~~y se,:,e ~ ~ cause ~ pr?~tmg
blic availability ofliterature, mUSIC, and the ot er artli"l ,wli: nt let
enbturyh USIC om v Aiken,
PU
15 1 (1975) (who know who added the sas~y tt e Ita cs ab~ve. ut t ,e smart ~oney says it
422 U.S.
b ' Stevens and trying to really dnve home the pomt that he I S a popUlist at heart
wasJ'ustSteven emg
.
d
d h hood hi'
'"
'
pu Ie avatlablhty
of
ly shows that Stevens fails to un erstan t at r
awl Of course t hi sclear
.
.
"
I
'
Ie who are not bemg S1ven the renumeratlon or creatIve contra that true artists
works created ~erP~~ction with strings attached, will all too often yield scourges of no less a
des~e, but rat th
mbined careers of Nsync and The Backstreet Boys.
magrutude than e co
ro:m
ected to come from the majority decision? Wen, we can only hope that some of
Id b
P
So w hat ' shou
.
willbe cut, as 11
' seems Wlt
' h te
hn' se 0 f t he
' h e ex reative fat cats who run things
B
S ck
salanes ~o t e unc
~'tennet, they have become vestigial characters by now anyway. ut, u .com now asserts that
9114/01
rage
as
ki
or
0001.54
Th
bli h rs argue they confine themsleve to reproducing and distributing to the public works that
ehPr'u s e copyrights in only as part of the set ofarticJes from the issues that the publishers iden+a;,
aut 0" S own
'gh' Id S
if h .
-,
.. "of an issue that they ' the pu b"uShers, own a copyn
as a reVlSlon
. dtID. . .orry t" at 1S a screwed up
some second year law reVlew rudge cnes out, oh goodness
b , ', shall remain so'lest
sentence,ul
fl"
.,
'1'
fhhr
'
Methinks J have found an incidence 0 P agt.ansm, yes, yes! It s a VlO ahon 0 t e t ee word rule, oh
dear, mmm. yes." The publishers have certa~y ?ot met this standar~, but rather have p~t f~rth 8
ment that asserts that the transnusSlons of groups of articles from some penodlcal issue to
tenuous argo
.
hi
h
b' h
.
'0 publishers however fleetmg a moment t s exc ange may e ID t e productton chain of
th e1etre c o r u ,
d"
hi '
. b
,
and beyond however interme late In nature t S mcamatlOn e when considering that
on-line c o n e ,
d' 'b d
. d"d aJ .
.ghted artices are being reproduced and Istn ute on an m IVl u article basis, as free
,;tan~~~ntiries, somehow qualifies as a "revision" within the parameters of Section 201(c). Rather,
n'
9/14/01
"
~Clge
I VJ I
000155
fo~ the reaso~s ~lucidated in the above pages ofthls very casenote, the publisher's treatment cannot be
saId to fall. WIthin the blessed arms of the privilege given out on rugh by Congress in Section 201(c) of
Copynght Act.
The majority's analysis is more than correct and measured, it is exhilirating. The dissent's analysis is
more than dissapointing, in fact, it undermines my faith in not only our system of justice, but also the
sum total of humanity. Perhaps a sub-phylum for individuals who harbor beliefs even as remotely
misguided as Justice Stevens and the yes man who joined his dissent should be created, to better
illustrate, once and for all, scientifically, biologically, the very best that social darwinlsm has to offer.
0 15
9114101
000146
;':DIV><D1V>
<IDIV></I)IV>.
Get your FREE dovmload ofMSN Explorer at http://exp]orer.msn.CQffi
016
000119
legal tems I
Y
P on your offer to pay for the data recovery On my hard drive So in
, accept your affe a d
'd
b d
. ,
Track has infonned
r n ,cons] er you aun to pay On Track the cost of Ihis service. On
thou h'
h
me that, assummg my laptop had J gb of space which I think is the case
be g 1l m~y ave 4 gb, the cost will be a $100 dollar inspection charge and assuming the d;ta can
Pler:s~o~ere
b
d ~ not let me rely to my detnment on your earher promIse and offer 10 pay for this. I have
ec~ a vised by very high ranking professors here al the Jaw school [0 hire an attorney \0 represent
me
In
~hc maller that ~ou hav~ created here at Boyd School of Law. Apparently, this could
IS reponed to the Bar. Please let me know if you have already done so.
AddlllonalJ y, I would Inform you of the law against disclosing anything penaining to the academic
perfonnance of s tudent s at publi c universities to certain entities. 11 is from a case involving some
Uni versit y of Mary land bas ketball players, I believe. I know it must be hard for you to know and
understand aillhe fidu ciary duties that come with being a professor, heck it look two of you to teach
on e class and nob ody 1 know has recieved any feedback on their paper, much less the actual paper
its self. Do you sti ll have the hard copies of all the students papers? Please do not let this
information lead you to beli eve th at I am under the impress ion that you have not already made
inappropriate disclosures about academic mailers pertaining to me. Given that I just passed the Bar a
year early, without taking BarB ri, while taking 6 credits and working ajob, I find the obsta~les you
have placed in my path inconvenient 10 say the least, in tenns of pla~nin~ my f~lure, financla.lly and
otherwise. I want to be sure to take every prec aution 1 can [0 protect Justice agamst your spunous
allegations, and thus your offer to pay for the data from my hard dri~e [0 be ret.'"ieved is effectively
accepted. In conclusion, I'll have on track go ahead and send you a bill and I Will fax. over a contract
for you to sign . though 1 do not believe that is legall y necessary as this personal services contract for
less than $5,000 dollars does not fall within the statute of frauds.
UO!7
000118
Dear Mr. Tratos ,
hr I '
In regar to your oller. I do not believe any reasonable
may assert that
. 1 sine ono ogleal order could bend far enough to allow for any claim you
paper on the h y~~ ?Id n~l fully understand that I could not be absolutely sure that I had saved my
you on
f
ar nve 0 . my laptop. I believe a careful reading of the emaiis will show that I put
1
n~ IC~ 0 r my practIce of occasionally emailing myself a digital copy of a paper and printing it
ou at ~c .00 , or rather merely taking a floppy disk with the paper's contents to school and doing the
same, simply cannot remember what I did, other than that I turned in the paper atop all the other
pap~r~ on the day you told the class to do so. Please tell me whether you have any recollection of
a~vJsmg the class where and when the papers should be turned in. No students that I have spoken
WIth remember you a~ouncing anything regarding the papers and the proper placement of the
papers on that day. Fhd you mak~ any flTI!louncement? Who took the papers from the classroom.
C.ould yo:, please gIve me a detmled cham of custody for the papers? I have been advised by very
high rankmg professors here at the law school to hire an attorney to represent me in the maner that
you have created here at Boyd School of Law. Apparently, this could potentially be something that
is reported to the Bar. Please let me know if you have already done so. Also,l would like for you to
explain why your email asks me to search for a copy of the paper and tum it in at the risk of being
given an incomplete in the class and yet when this was done, you immediately took steps that are
causing me very real damages. I would say that sounds like entrapment, however, given that I
haven't done anything wrong or illegal, I don't know quite what to call it. Additionally, I would
infonn you of the law against disclosing anything pertaining to the academic performance of
students at public universities to certain entities. It is from a case involving some University of
Maryland basketball players, I b~lieve: I know it must be lu~rd for you to know and understand all
the fiduciary duties that come With bemg a profe~sor, heck II took tWO of you to teac~ one class and
nobody J know has recieved any feedback on theIr paper, much less the actual paper Its self so I
would doubt you really have even started to grasp the finer points of th~ p!,ofessori.al role. Do you
still have the hard copies of all the ~tudents papers? Please do not lett~ls mfonn~tlon ~ead you to
bel' eve that I am under the impreSSion that you have not already made mappropnate disclosures
bit cademic matters pertaining to me. Given that I just passed the Bar a year early, without
aa:u aBarBri while taking 6 credits and working ajob, I find the obstacles you have placed in my
t thm~
ven'ient to say the least, in teons of planning my future, financially and otherwise. I want
pa mcon
I'
e every precaution I can to protect .
Justice.
agamst.
your .
spunous aIegatlOns,
an d thus
tak
to besure
dd'
be
.
d'
I
T
'
I
dl
to
IT
.y 'or the data from my har nve to
retneve IS ellectlve yaccepte . n
your l
Oller
P have
I'
It
assum"
nSI
018
-,
.
zachcoughhn@hotmail.com]
.
' eto er 10 2001 HO PM
To: ~Luce@quirkandlratos.c~m
.
Subject: our contract
Sent: Wednesday 0
Page I of2
000116
1terms
have decided
to t::lkeffyou up on your offer \0 pay for the data recovery on my hard drive. So in legal
I ace
ept
.
d your 0 er and cons'd
J er you baund
to pay nO
Track the cost
of thIs servIce
On' Track
. ,f
. I think is the case though
.
h as JO onne me that : assum'mg my Iaplop had 1 gb of space, whIch
it may
h ave 4 g,
be a. $100 d0II"
. the data can be
' recovered, thai
b. t he cost wlil
.
aT inspectIOn charge and assuming
money \\1J11 be ~pphed to a Job that should likely cost between $500 and $2,500. Please do not let me
rely to ~y detnment on y~ur earlier prom ise and offer to pay for this. Also, in advance, I will point 10
our emml exchanges as eVIdence rebutting any posilion you mighl invent Ihat some sort of condition
precedent ~xisted in regard 10 your offer. I do not believe any reasonable interpretation of the emails in
chronoioglCai order could bend far enough 10 allow for any claim you may assert Ihat you did not fuJly
understand that 1 could not be absolutely sure Ihat 1 had saved my paper on the hard drive of my laptop.
I believe a careful reading of Ihe emails will show that 1 put you on notice of my practice of occasionally
emailing myself a digital copy of a paper and printing il out at school, or mlher merely takJng a floppy
disk with the paper's contents to school and doing the same. I simply cannot remember what I did, other
than that I turned in the paper atop all Ihe other papers on the day you told the class to do so. Please tell
me whether you have any recollection of advising Ihe class where and when the papers should be turned
lfl. No students that I have spoken with remember you announcing anything regarding the papers and
the proper placement of the papers on that day. Did you make any announcemen t? Who look the papers
from the classroom. Could you please give me a detailed chain of cuslOdy for Ihe papers? I have been
advised by very high ranking professors here at the law school to hire an attorney to represent me in the
maHer thai you have created here at Boyd School of Law ..Apparently, Ihis could potentially be
something that is reported to the Bar. Please lei me know If you have already done so. Al~o., I would.
like for you to explain why your email asks me to search ~or a copy of the ~aper a~d tum It In al the nsk
f b . g g. ven an incomplete in Ihe class and yet whcn thIS was done, you Immediately took steps that
o em 'ng' me very real damages. I would say that sounds like entrapment, however, given that 1
are caust
. w hat to ca II It.
.
Add
'd
anything wrong or illega l, 1 don't know qUIte
IllOna II y, I wou IdIn f ann
.
.
h
d
h avenftone
h I
against disclosing anything pertalnlng to t e aca emlc per ormance 0 f students at pu bl IC
yo~ 0 t. ~ aw c rla,.n enti ties It is from a case involving some University of Maryland basketball
umverslltes
to e I know it must
d
I believe.
be hard for you 10 know an d understan d aII Ihe fid
I uClary utles I.hal
players,. b'
ofesso heck it took twO of you to teach one class and nobody J know has recleved
r
g ~P~r aper'
come wtlh
much less Ihe aClual paper its self so I would doubt you really have even
any feedbac on hi efi' Pr poi'nts of the professorial role. Do you still have the hard copies of alllhe
started to grasp ?I ePI me do not leI this informal1on
. lead you to beheve
.
.
that J am un der the .ImpressIOn
e
students papers. le"d made inappropriale disclosures about academic mauers pertaining to me.
that
not aassed
rea Y
.
kmg B.arB
,., 6
d
. you have.ust
the Bar a year early. WJlhOUt.13
n, W h1
1 e tarung . cre ItS and workJng a
P
GIven that J J b
I
ou have placed in my path mconveOlentlo say Ihe least, m terms of planning
. b , 1 find theo stac
. I can to protect Justice
10
. II es yd olherwise I want to be sure to lake every precautIon
f
{Ure
fioancla
Y
an
.
. to be
my. u
' s urious allegations, and thus you r offer to pay for the data from my hard dnve
aga~ns,t y~ureffectivelY accepted. In conclusion, I'll hs:e 00 Ira:k go ahead and send yo~ a bi ll and I will
retne\ed IS
f r you 10 s;gn though J do not believe thai IS legally necessary as thIS personal
fax over
a contractf 0
'
. .
.
.
less than $5
000 dollars does not fall wllhmlhe
statute of frauds. Fmally,
who is
,erYlces
contract
or
'
.
.
,
d
I
f
h
. of your
_
. L
'1 she an agent of yours? ThIS really Isn t rna e c ear rom t e presentatIon
Lathenne
s professor of cyber law, have your very own emal1 account '. D oes C at henne
. Luce
.1 D uce.
u asa
emals.OYo,
d
h
f
h
f
have the authority, either actual or apparent to be hoI mg you out as t e sort 0 person w 0 eels
,I Ci
:lO
.,
Page 2 of2
thre::ilcned by my emails and the like? Who makes comrac tua1 offers? Please clear up this confu sing
presentation.
~el
lUi
000117
1128
.,' ,..
"~~
... ,,
00011~
/
To:
Mary LaFrance
10/1212001 10:33 AM
cc:
'
your emalls of October la, 2001
Here's Mr , Co ug hI"'
In S latest email to Mark Tratos.
Mary l.
.... - ......... Forwarded b
c-Q:::::?
To:
cc:
1O/l2l;~~;'~~;~;;;~'AM
This was just received in our office from Mr. Coughlin', I thought ,t appropr',ate t
you thank you.
0 forward it to
.. --Original Message
from: Zacharias Coughlin [mailto:zachcoughlin@holmaiJ.com]
I have alreadY informed you that I am not su re wheth er the paper wa s ever sa ved
on the hard drive of my laptop and tha t having it ac tua lly saved was not a
condition precedent to our bargain . Further, Ontrack has in10rm ed me that they
do not retrieve individual files, but witt rather only do the ent ire retrieval in bulk.
Also. I am troubled by your behavior and wh ile I ca nnot quit e match the exquisite
use of the word 'perjorat ive' that your last email exhibited , I will say that J am
vexed by your words and am f~ig h tene d tha t you co uld possibly be a miscreant.
so in conclusion, let me know If you plan to breach our contract in accordance
with the above information. Also, I may have to alert th e st udent body of the lack
of respect you. as a professor here at Boyd School of Law, are according to
student's right.
With every intention of not com ing off as invoking a perjorative ennui.
Zach Coughli n
" 02 I
000036
'lafrance@cc
FW:
'I
mal .nevada.edu" <Iafrance@ccmail,nevada.ed
U>
i, ..
Dear Mr Tratos,
lowe you an apology for the petulance and rudeness present in the series of
emalls I have sent to you over the past month, I lost the plot a bit. I can tell you
that I regret my words, feel that I made some unintentionally rude comments in
class, wish that I had sent you an electronic copy of my paper, and acknowledge
that \ need to find more constructive ways of dealing with anger. I have no
Intention of following any contract based theories of recoveries and merely want
to clean up my side of the street at this point. I can also tell you tha t I swear on
my mother's life that I wrote and submilted a case comment on the Tasini case
by the deadline given. Further, I realize that pultlng my SOCia l secunty number
nd a request not to put the contents of my paper on the class webSite atop a
a per may have been a bit olfpulting. I did not mean to impugn your
pa d'b,\.t
By saying this I do not mean to suggest tha t you ever even saw my
cre I I I y.
w professors ,5 has b een f'Ire d or pu t on Ieave f or 51't ua t'Ions
f my la
aper
neo
't,t t
O
P
.
:
flicts of interest and I believe I have an acute senSI IVI Y 0 such
involving con h'
oint as I was greatly affected by the atmosphere the
sltuatlon~ at t IS ~duct created. Further, anonym ity had been mai ntained in t he
professor 5 mlsc~
other class I have been in in law school, save the one
grading process In ever~ eventually disciplined. Also, about a week b,efore th e
where the prafe,ssor ;a class an ema il was distri buted to the students In Professor
paper waS due In yo I
'ndicating that they need to get numbers from the
Oentico's summ.er c ass I as anonymity was to be maintai ned in the grad ing
registrar for their papers
process.
. .
.
mer getting ready for the bar , wrltmg the paper for your
I busted my as~ this sun~ns My girlfriend of two yea rs broke up with me shortly
class. and pass 1I1 g ~ ~~~alus~ of hoW litt le time I co~ l d devote to her. Th is m.eant
after the bar, m par
esidence. Then my ca r died. That meant I got to ride a
I had to move out 0 f our r
022
000037
1123
Mary LaFrance
11106/2001 01:24 PM
To:
Christine Smith/UNLV@UNlV
cc:
Subject: FW; Thank You
FYI.
Mary L .
. .... ... Forwarded b M
y ary LaFrance/UNLV on 1 J/06/2
.,. Mark Tratos <MTra l os@ .
00102:00 PM ......................... .
qUl
rk
and
tratos.com>
on 11 / 06 /2 001 09 :43:35 AM
.
_
~ ~'
c::O::?
To:
cc
, (J 2 4
OCC02;)
Student Judicial Affairs Officer for UNLV, has scheduled a meeting with me
tomorrow. From a telephone conversation with Dean Morgan I gathered that he
was not sure what was to become of my grade for the Cyberlaw class, saying he
'was not sure if the grade was still an incomplete or if Me. Tratos has changed it
to an F." Without a passing grade in Cyberlaw, and assuming I complete my
course work for this semester, I will have 83 credits, 3 short of the 86 required
for graduation. Further, as I understand the rules of the Boyd School of Law and
the ABA, everyone enrolled in classes for a semester of law school must take at
least 7 credits regardless of whether less are needed to fulfill the graduation
requirements set
fthe
' forth. I must stress that this is only my understan d'lOgo.
regIStration requirements and that I am aware that the rules regarding situations
of this nature can get quite complicate.
.
did 0 not mean to mislead . Further,t ItI IS
possible not graduating this semester will have some effect on ~he~~er o~lno
am admitted to the Bar or shall need to take the Bar again (I s oU r'e~ y
Id I'k
hoever it is who shall make the Ina
rather move to Kabul). I wou
I e~ t I
entirely amiable to helping them
determination of.n:'Y grade to kn.Dw
th~ e~ls
Ing
ra
in
.
I"
and talent you brought
did appreciate the professlona IS~ h I handled this
resolution.
e~pondences
I trul
Situation an
Sincerely,
Zach Coughlin
REE downloa
Get your F
112"
.
v
7
OF CALIFORNIA
April 7, 2006
CONFIDENTIAL
Zachary B. Coughlin
1255 Jones, Apt. 132
Reno. NV 89503
Dear Mr. Coughlin:
In anticipation of the report to the Committee of Bar Examiners (CBX), on February 16,
2006, the LAP Evaluation Committee met to review your participation. At that time,
your participation did not warrant a favorable report to CBX. You were given a period of
time to explore arrangements that might allow you a more favorable outcome. To date,
we have not received any information from you, but must report to CBX.
The LAP Evaluation Committee has determined that you have not successfully complied
with their recommendations and appear not to have gained insight regarding your alcohol
abuse. In addition, your participation in the LAP has been terminated.
We hope that you will choose to pursue recovery and we extend the invitation to contact
the LAP for assistance in the future if you choose.
July 11,2005
Edward. Everen Hale.
(19291993)
S!c:~e
I...4nc.
J S!epi!m J>.:c.k
K-en 0 Denruson
R-
era., HOlOard
Slephal V N0\1Icck
Kdh Testohn
Dear Zach:
l..arKc C. Earl
JI:1,m} 1 Non.
fi
This lette~ is int~.n~ed. to resta.t~ th~ offer of employment made to you by our
urn for an associate positIOn 11\ the L]tlgatlon Group in our Reno office, and to advise
you of some of the finn's benefits and policies.
DlVld A. Garci;l.
Frcd 0 G.b..on m
El~F.~sh
TIJROIh .. A. Lukas
FrcdendJ. Sehmid.!
J ..... e$Newman
Torry II.. Somcn
PaIn.k J Reilly
Brad M JohmLon
Tl is anticipated that you would start your employment with our firm within the
month of July, 2005. Your starting base compensation will be $80,000.00 (Eighty
Thousand Dollars) per annum. As a convenience to our employees, we offer direct
payroll deposit to most banks or S&L's in the state. At the present time, formal,
compensatory performance reviews are conducted annually during the OctoberNovember time period, with any resulting salary adjustment effecti ve as of the
following January I. Your first fonna] review would occur in the October 2006 time
period. Non-compensatory performance reviews and mentor/mcntee evaluations may
Bryte K J{"'''ItIOIO
Doadu C Flo....rs
"t
D Aetntng
Scherer
M. Snyder
Brcnl C. Edu-slcy
Frcdco~k R. Banch.,.
P.lrici~ C, Hals!ead
~Unhcw
J KaulUf
~nh.....
e, Hrppl.,.
llOStln C. Jw(S
!"cole M Vance
Don. II DJih~o .....
~E LClus
I...eLpc. 0.."'1
1\.". Farrow
Pauhne NS Lee
~Purl
hALt.
RENO OFFICE.; 5441 K,.Ilk. un_I S.cond F!"";bo I~~';C'~. 1"1....... 391011 MIon_ (115) 684-'0001 F.."m'!. (7JS)u.t600!
711 F....
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1007
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HALE LA
NE
__
Page 2
2.
3.
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etec;
4.
ti
~~~ETERJA PLAN: T he [inn ofrers employees the opportunity to participate in a
a ete~a an. Pursuant t~ IRS ~les, certain dependent care and employee or dependent health
care e~pens~s not otherWise paid by insurance may be paid with pre-tax doUars. Details
regardmg thiS program wi ll be provided with your insurance enrollment fomls.
6.
LONG~TERM DISABILITY fNSURANCE: Group long-ternl disability insur::mcc,
currently through Northwestern Mutual, is provided to all full-time employees with a maximum
benefit of 40% of pre~disabjlity earnings, which premiums are paid by the fiml. Employees may
buy-up an additional 20% of pre-disability earnings for maximum protection of 60%.
7.
PROFESSIONAL LIABILITY INSURANCE: Professional liability insurance coverage
is provided and paid for by the finn, up to the limits specified in the policy. This coverage is
applicable only to services rendered for the firm during the course of ):our employment. The
coverage docs not apply to "prior acts" unrelated to your em~loym~nt .\~ilh th~ finn .. The prior
acts of a lateral attorney are generally covered by the profeSSIonal liabIlity policy mamtained by
that attorney's fanner law finn, at least so long as that insurance ~s.k~pt in rorce. Since Hale
Lane's policy does not cover prior ac~s, we recommend lawyers JOlntng the fi~ on a lat~ral
basis investigate the tenus of their prevIous coverage and secure separate coverage If appropnate
and desired.
8
PROFESSIONAL DUES, MEMBERSHIPS AND EDUCATIONAL EXPENSES: The
.
ual dues for the Nevada Bar (and for special organizatIOns With pnor finn
firm pays your ann tate bar dues eLE and other educatlOna
.
I programs are aI
d 'lor by the
sopal
f
t
approva.
I) 0 u o s .
'
firm, subject to appro vol iO advance.
BUSfNESS EXPENSES: Reimbursement .fo~ travel costs, including meals (on the road),
.
I.
e ses airfare etc. upon submiSSion of travel vouchers.
"
hotels, trave 109 exp n ,
II Gd
HALE LANE
~TT"
U . AT L"W _ __
10,
401(k) PLAN: At
' , ,,
first enrollment
.
present, ehglblilty to participate in th
according to 1
peTiod following completion of one
' e firm's 401(k) Plan OCcurs at the
erms of the plan which will be pro .d d
year s employment. Participation is
VI e separately at the time ofeligibility.
11
to ,fi GENERAL'. 0 Iher than as provided for in this Ie
. nn personnel policies as published f
.
. ner,. all Hale Lane employees arc subject
WIll nature?f employment. The at.will n:~: tlme-ta-tlme, Including, but not limited to, the atdocument signed by the Ma
. Sh
re of employment can only be modified by a written
nagmg areholder of the finn and you.
,
' . Your employ ment as an associate
by Hale Lane is also subject to the following
cond Itlons:
First,
'
"
conflicts
f' this
t offer is conting. en t on a reso Iution,
to our satisfactiOn.
of any potential or actual
a h111 crest. We reqUIre you to provi'de us Wit' h a I'1St IdenllfV
.
. .1l1 g (a) any potential
c fl'
on let, suc as
' Iy'In W h'Ich Hale Lane was
' on the opposite side
. a matter you wo rked on prevIOus
o f tH
, chents
'
he transactIOn or liti ga fIon or any pend'mg matters between prior
of yours and clients
o. ale Lane; (b) any client .~ou reasonably expect 10 follow you to Hale Lane; and (c) any
Dlrec~or .and/or Officer poSl1lOns you currently hold with both for profil and non-profit
organizations.
Secondly, to protect our clients and the finn. we must inquire about the existence and
nature of any actual or alleged malpractice and/or ethics claims or complainls to Bar associations
concerning you or your work. The fact that this infonnation may exist is not necessarily
preclusive of employment, however, our offer is contingent upon the finn's review and analysis
of the infonnation provided. In this regard, please complete the enclosed Disclosure of
Professional Conduct and return it to Lou Kemper as soon as possible. Additionally, a Conflicts
Questionnaire is being sent to you via e-mail. Please complete and return to Lou Kemper in the
Reno office prior to your employment date.
Third, we require certificates of good standing from all jurisdictions to which you are
admitted. If there is any cost associated in obtaining these certificates, we will reimburse you for
that cost. Please have such certificates sent to Lou Kemper in our Reno office.
L tly the firm is requesting that you adhere to any addition~1 conditions of your
emplOy:ent ~ith the finn to be discussed independently with Kelly TestolLO.
copy of the Employment Eligibility Verification Fonn 1-9. In accordance
'
ncose
Isa
.
d
I
E i ' t'on Re("onn and Control Act of 1986, all newly hired
'h h
employees '
are reqUired to
wit t e mmlgra
I
I'
.
t':
L'
A
"
d ,I10W the appropriate documentatIOn ,rom 1st or L'1st Band C. Please
complete
.With
' you when you b
' employment.
,
" t h IS lornldan
the documentation you will submit,
eglO
bnng thiS ,lOrm, an
'trenlely enthusiastic about your joining the finn and we look forNard to
, Zac h' 'h we are ex
Please do not hesitate to contact Lou Kemper, or me, .If you have any
working
Wit
you.
r.
,
d'
the terms of your employment, bencllts
or rc Iate d 'Issues.
questlons regar mg
l
(JOMJI. opC1)OCSIlILRNOpOCS'-I6114811
CS
JuI)' 11,2005
Page 4
L . . . _ __
R. Somers. sq.
Enclosures
cc:
C. Lou Kemper
Helen Goldin
CONFI~ENTIALITY STATEMENT: I am familiar with, and will abide by. the Rules of
Pr,ofesslOnaJ CO,od,ucI and more.s~ecifically, the rules pertaining to attorncyclient privilege and
eilent confidentiality, Further, illS agreed that all information relativc to the activities of Hale
Lane which is of a secret or confidential nature, including but not limitcd to client lists, client
contacts, agreements between the firm's clients and third parties, technical and administrative
procedures, is the property of Hale Lane, I also understand and agree that I may nol copy any
finn documents, including my "chron" files. which arc considered firm documents, for my own
personal use without the prior written consent of the Managing Shareholder, During the term of
my employment or thereafter, I will not use such infomlation for the benefit of anyone other than
Hale Lane, nor shaJl I disclose to others any such information so long as the secret or
confidential nature of said infonnation is preserved by the finn, During the term of my
employment, 1 will only perform legal work on behalf a the finn, and I acknowledge that all fees
received for legal work, legal advise, legal documents, legal seminars, and any aspect of the
practice of law during my employment at the firm are the property of the firm" Nothing herein
shaH prevent me, subsequent to, my employment with H.ale L~ne, f~om uSlOg an,d ,availing
myself of my general technical Skills, knowle?ge and experience IOciudlOg that pertalOlOg to or
derived from the non-secret and non-confidentwl aspects of the firm,
010
Page 5
HALE LANE
the. ~olicies of the finn, constitute the entire arrangement between us and can only be modified in
\\Tlhng.
OFFER ACCEPTED AND TERMS AGREED TO: I certify I have read and understand the
tem1S and conditions of my employment to my full satisfaction. I also understand thai, with one
exception, the finn may change, rescind or add to any of its policies, benefits or practices in its
sole and absolute discretion without prior notice, subject to applicable Federal and State laws.
The one exception that cannot be modified, except as stated above, is the "at-will" nature of
00 I I
Thin
Rob Walton [rob.wa ton@unishippers.com]
Tuesday, October 2 ,2006 11:45 AM
Thingvold, Lynne
Zach Coughlin
From:
Sent:
To:
Subject:
scan0006.jpg
scan.jpg
Lynne ,
Below is a copy of the last email t read I had with Zach Coughlin where he
accepts a $4000 settlement. He ref sed to ever make good on that settlement
so we sued him in small claims cour in Reno and were given a default
judgment.
The judgment and a subsequent garni hment attempt are attached.
Please let me know of any additiona information you could use. Thank you
for confirming that this is used fo the California Bar Association and that
you have rights to request this inf rmation.
Rob Walton
Unishippers
Payments Recovery & Claims Adrninist ator
(303)770-0006 ph. (303)665-1096 fax
CONFIDENTIALITY: This e-mail and a y attachments are confidential and may
also be privileged.
If you are not the named recipient, please notify the
sender immediately and do not discI se the contents to another person, use
it for any purpose, or store
the information in any medium.
-----Original Message----From: ZANVIBAR2 ZANVIBAR2 [mailto:z nvibar2@hotmail.com]
Sent: Friday, November OS, 2004 6:5 PM
To: rob.walton@unishippers.com
Subject: RE: Payments Due
Hi Rob,
Honestly, I am hand to mouth right
I think that expression means
barely making it, which is where I
I can see where I wouldn't mind
paying 4K.
i think there where a n
er of overcharges, but given that you
say 4K is your costs, that would Ii ely account for the overcharges.
For
instance, do you have an average price per package. THat would really help
me guage how realistic the pricing
s.
Hopefully I will start making some
real money this year and i can just asily write you a check for the 4K,
which I would do happily if I am abl
But to say, okay I will send you
$400 a month right now just feels to ally unrealistic to me, even though its
possible if things start picking up
make that a reality.
Sincerely,
Zach
>From: "Rob Walton" <rob.walton@unis
"'ZANVIBAR2 ZANVIBAR2'" <zanvib
>Subject: RE: Payments Due
>Date: Mon, 1 Nov 2004 10:33:14 -050
>To;
>
>Zach.
>
>
>Let me know if you accept the settl ment amount of; $4000
>
>Thanks,
>
>Rob Walton
>Unishippers
>Payments Recovery & Claims Administ at or
> (440) 922-5505 ph. (440) 922-5501 fax
>-----Original Message---->From; ZANV1BAR2 ZANV1BAR2 [mailto;z nvibar2@hotmail.coml
>Sent; Saturday, October 30, 2004 12;19 AM
>To; rob.walton@unishippers.com
>Subject; RE; Payments Due
>
>Hi Rob,
>1 just am writing to touch base wit you.
I am broke right now, but I am
>trying to get a job and start makin a living so I can pay you guys and not
>have my credit even more ruined.
I can't make money appear out of thin
>air,
>
>1 do have a few customers who got c argebacks on their credit cards and
>refused to return the beds. would ou be interested in going after my
>righ~s towards them?
>
>THanks,
>Zach
>
>
>
>
>
>
>
> >Zach,
>
>
> >1 will not settle this account fo $3200 over the next 8 months.
I will,
> >however, give you one opportunity to accept a settlement for $4000.
>
>
>
>
>
>
>Rob Walton
>Unishippers
>Payments Recovery & Claims Admini
>(440)922-5505 ph. (440)922-5501 f
> >
> >
next 8 months
> >
>
>
>
>
>
>
>
>
>
>
>
>
> >
> >
> >
>
>
(440)922-5501 fax
> >---------------------------------------+--------------------------------------
> >Check out Election 2004 for up-to-date election news, plus voter tools
>and
> >more! http://special.msn.com/msn/election2004.armx
> >
> >
>
>=-------------~~~----~----~----~------------------------------
>Express yourself instantly with MSN Messenger! Download today - it's FREE!
>http://messenger.msn.click-url.com/ %nm00200471ave/direct/01/
>
>
EXECUTION (Continued)
SHERIFF OF WASHOE CO JNTY, you, are: hereby commanded to satisfy this judgment with
interest and costs as Rrovided by law, out of the personal property of the judgment debtor,
ZACHARY COUGHLIN
exceptthatforanypayperiod,75percent
of the disposable eammgs' of the deb or during this period, or for each week of the period 30 times the
minimum hourly wage prescribed by eetion 6(a)(1) of the federal Fair Labor Standards Act of1938 and
in effecLat the time the eaqJ.ihgs are p yable, whichever is greater, is exempt from any levy.of execution
pm"snant to this writ, and ifsufficien personal property cannot be found, then out of the real property
belonging tothedebtor in the aforesa d county, and make return to this vnit within not less than 10 days
nor more than 60 days endorsed there)n with what you have done.
Th
MACYS:
DEPUTY CLERK
BY VIRTUE OF AN EXEcl..rrION issue'd cut of the JusticeCcurt .of Reno Township and tc me
directed against the within Defendant b-:-' I herebY attach all monies, effects, and credits in ycur hands or
under your control belonging to the w thin Defendant _' _ .or to either oftheminpursuance of said writ;
except that for any pay period, 75 perc ~nt of the disposable earnings of such debtcr during such period, or
the amount by which his disposable e rningsfor such period exceed 30 times the minimum hourly wage
prescribed by section 6(a)(}) oftheJe eral Fair Labor Standards Act .of 1938 and in effect at the time the
earnings are payable, whichever is gre ttr, is exempt frcm any levy of execution pursuant to this writ; and
ycu are hereby notified not to transfer pay ordeliver the same tc anyone but myself.
REtURN
I certify that 1have this date _--:--:::---:+__:_-:---:=--'----::::::::---::---::-=------- _ _ _ returned
the within execution _ _ unsatisfied at the County .of Washoe OR
TOTAL
4504
<
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, --
(ur., I'le
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1111
d~lr II"
toy c1v:>c
an If'
Ihc"oMt!l.,r("UII1I
EXHIBIT
J0
lIOI
;;.
--"
"-
0-
."
.''"""" - -
- ,'"
<~
5'
...
Lawson:
I'm Debra Lawson. I'm here for the infonnal conference of Zachary Coughlin. And I'd
like to note for the tape proceeding that you are here accompanied by your counsel,
Jerome Fishkin. The committee members will introduce themselves and they'll get
started with your conference.
Mark DeCastro. Whitney Henderson. Morning. Thank you for joining us today. We're
here to have an infonnal conference to help us determine if you have the requisite good
moral character to be able to practice law in California. The burden is on you to establish
that to our satisfactionand the session is being tape recorded. You are welcome to
request a copy of that after the session. Before we get started do you have any questions?
Coughlin:
No.
Okay.
There are several incidents in the records here that we're going to talk about, but before
we or before I ask any questions about the specifics, my concerns generally lie in the area
of how you handle stress. Your what I perceive as a disrespect or a disregard for the law
and authority and your candor, so kind of in the course of the questions that get asked
here that's where I'm coming from. And what I'd like to start with is how you handle
stress or how you've handled stress in the past. And I'd like to know what is different in
your life now in tenns of they way you handle stress as opposed to the various incidents
that include the incident at the movie theater and your being there without paying. Your
running away from that scene and eventually being caught by the police. The traffic
citation and you know the things with your parents and your girlfriend. What's different
in your life now than then, and how are you handling the stresses in yourlife?
Coughlin:
There's a big change from those times and it would be that on January 1, 2002 I became
a sober member of Alcoholics Anonymous. I had a slip in January of the following year
and, culminating in my arrest.
Coughlin:
January 1, 2002 and then I had a slip of January of the following year culminating in the
arrest for driving while intoxicated which was a reduced to dry reckless conviction.
From that time I have been a sober member of Alcoholic's Anonymous, going to
meetings on a daily basis at least sometimes more than one a day, meeting with my
sponsor, on a weekly basis, reading a good deal ofliterature in that regard. Pretty much
all of the A.A. literature that's out there, from The Big Book to Twelve by Twelve to As
Bill Sees It to some more peripheral literature like Not God. and just about anything
-1-
related to AA I've read. I've also read and become more active in spirituality - books
like "The Power of Now," have become important to me, going to church, praying a lot
more, participating in the fellowship of AA has been big because it's given me a
network of support and people with whom I can discuss situations that have given me
stress in the past that I've had problems with. It's helped me identify my character
defects and attempt to have, when they arise - to take a moment to pause, recognize that
they are there and have the willingness to do what was necessary to change them.
Q
Were you using any other drugs of choice besides alcohol? Marijuana or anything else?
Coughlin:
Since then?
Coughlin:
No.
Coughlin:
None.
Is January 2002 when you stopped denying that you had a problem or what happened in
January 2002 that made you tum to AA?
Coughlin:
Life had just become too painful, too upsetting. The incidents at the, in the prior six
months to that there had been the incidents at the law school, the arrest at the movie
theater, personal things such as breakups with my girlfriend, and Ijust really felt that
some changes, some serious changes were necessary for me to go on. And pretty much
has amounted to a nearly a complete psychic change in me from who I am. It didn't occur
you know like a flash of light. It was more of a educational variety of just day in and day
out of putting in the work and the time, and having the faith that if I kept working at it I
would be able to become a different person.
Okay. So I guess you had some incidents, and made a decision to join AA You were
going along. I'm assuming there were some ups and downs and then a year later, you
slipped. What was the reason for that and what's happened since then that you haven't
slipped since then, assuming that you haven't?
Coughlin:
The reason for the slip I'd just have to say I take full responsibility for it. I can't point to
anything that made me do it. I'm responsible for my actions and ....
Coughlin:
Wine.
Coughlin:
Not really, I mean but I shouldn't, it should be absolute abstinence. I've had enough
-2-
damage and wreckage in my life in and around alcohol that I shouldn't try to drink at all.
You know - I was ...
What happened at that, did something in particular happen or did you just say well, I'm
not going to be able to handle the drink and then just..
Coughlin:
I thought that enough time had passed at that point where perhaps I could drink you know
lightly, socially wine with dinner once in a while.
Were you having dinner with the wine or were you out with friends or at a bar or ...
Coughlin:
Usually I was home having dinner. I had just started at a firm where drinking was fair1~
prevalent, so I think now if! was in that position again I would you know draw a real hne
on a social level with the people I work with.
So at the time you kind of felt pressured to fit in, to drink with them or?
Coughlin:
Internal pressure?
Coughlin:
Yeah.
And so it's been sixteen months since you've had a drink or thereabouts?
Coughlin:
uhhuh.
And about that same amount oftime since you have had marijuana?
Coughlin:
That's correct.
And other than A.A. what else do you have in your life as part of your support system
that helps you handle the stresses that are attendent to life.
Coughlin:
I see a psychologist at least once a month. I was seeing him weekly for a period of
approximately twelve weeks and starting in February of or March of2003 actually,
named Dr. Ocskay. He conducts traditional psychotherapy with me. We delve into some
issues that I think have been troubling to me, and the work we have done I think has
helped me face those and develop better patterns of behavior. Specifically some of those
issues were being an adult - child of alcoholics. I developed like, as is common with
people like that, some knowledge - active character traits that don't really fit in very well
with society, so I had to look at those, find out why, such as like you were referring to
problems with authority it's very common, a feeling of being persecuted and being
defensive, the source of things, isolating yourself, which doesn't, isn't something that's
gonna help reduce stress, rather one should reach out to friends and have a support
network ....
-3-
Coughlin:
So, you saw Dr. Hunter in 2002 that was for eight sessions, right? And then at some point
after that you started seeing your current doctor and, you said initially weekly for about
twelve weeks and since that time, a little over a year now, once a month.
Coughlin:
That's correct.
Okay. And anything else in terms of your support system and places you go to help you
deal with your stress?
Coughlin:
Well, A.A. has created a few support systems for me. I have- three hundred times more
friends than I had before I went into that because there's so many more people I relate to
and have phone numbers and have called them up. Also, I had a condition, a chronic pain
condition in my back and neck .. .I'm sorry could I get a glass of water? My mouth is
really dry. A chronic pain condition in my back and neck that was sort of causing me a
lot of stress or stress was causing the condition and I think my alcoholism, my character
defects, specifically, having a self pittying(?) type of personality-blaming other people
for my problems and having too much pride or too much false pride or ego-was
contributing to my back problems, my physical problems because when you are walking
around carrying all this negative toxic energy it dissipates all of your vitality and that can
really cause a lot of back problems, specifically upper back problems which is what I had
in the thoracic. So, that was, that can make you very irritable so taking care ofthat back
problem was very important. It wasn't as important as taking care of the alcoholism, and
in some ways addressing both of them are going to help the other, but I've gone to about
thirty appointments for acupuncture, around twenty five chiropractic appointments, I've
done twelve. weeks of physical therapy-I do a lot of meditation work in monitoring my
breathing, my body and I've read a good deal of literature in that regard and listened to a
bunch of self help tapes so that I can notice some triggers of when I'm beginning to carry
tension in my body-and it's going to result in a build up of stress-and you know back
pain whlch is really seemed to exacerbate my character defects and make my behavior
more inappropriate.
What's the most stressful situation you've been under in say the last year and how did
you handle that?
Coughlin:
Last year probably the most stressful situation would relate to my work. I have a business
where I sell mattresses. It's an internet business and I send them through the mail. That's
been stressful in that it was kind of undercapitalized .to start and my business acumen
wasn't that great. I handled that largely through prayer and the help of people in A.A.
Also, I go to Al Anon and adult children with alcoholics meetings and I became aware
that I often try to compensate for feelings of inadequacy by trying to gain achievement or
looking outside myself for reinforcement and that can mean working too hard, not
knowing when to rest, not knowing when, if I'm hungry, angry, lonely or tired. I need to
stop and address those feelings or problems rather than trying to just bull through it and
-4-
make more money or accomplish more things. Like I took the Bar Exam a ye.ar early in
law school, you know, which was a very poor decision in terms of the e~fect It had o~ my
body and my mind and it showed in alot of the incidents that happene~ m that fol.lowmg
semester. So that's helped with dealing with the stress related to runmng the busmess.
Coughlin:
Mmhm.
Okay.
Coughlin:
I'm trying to find work in the legal field and I've had on part time or case by case basis
some research work. But I started the business because it did not appear that there was
sufficient work out there to stay fully employed.
And you run your business out of, from Nevada, or here ..
Coughlin:
From Nevada.
Can you explain what's happening with your conditional admission to Nevada. I guess
they haven't heard from you in a while. What exactly has been transpiring there?
Coughlin:
I got a deferment order from the Supreme Court after the Nevada Character and Fitness
Committee had issued a recommendation that I get licensed. It called for the court to
defer it's decision to October 2003; that time came and passed. So I kept waiting to hear
from them. I called them asked them if there was anything that I needed to do to update
it or further the situation, they said no the court will respond when they do. I have
spoken with the Director of Admissions in Nevada and she indicated some ofthe things
that might help further the process along such as having Dr. Ocskay write some reports. I
requested that Dr. Ocskay do that and he has done that and in fact sending one in this
week. In the near future, my attorney-I spoke with him. He'll be requesting .....
So as far as you're concerned you've satisfied all of the affirmative obligations on your
part during this probationary period or you haven't?
Coughlin:
I've, as far as I'm concerned I have. From what I understood, it was to go to the
psychologist on a monthly basis. I've done that, complied with the rules of the court, I've
done that.
Did you submit...up until now you have not submitted those records and your doctor has
not submitted records saying that you have been in counseling?
Coughlin:
I've been submitting the quarterly reports. I requested at the beginning of our sessions
that Dr. Ocskay do that. And from my reading of the order there was some confusion as
to whether the reports that were submitted by me would satisfy the order or whether Dr.
Ocskay himself would have to supply something separate and apart from what my
quarterly reports contained. I think I've been remiss in not prompting Dr. Ocskay more
-5-
to do something. However on several occasions I've mentioned this to him and he does
just seem a bit uncomfortable with it and it seems that he doesn't really know what the
Bar wants.
So regardless of whether or not he's done anything you've sent in quarterly reports every
quarter since the order was signed in December 2002 through October and currently.
Coughlin:
Yes.
Did you sign the release allowing The State Bar to access your counseling records ...
Coughlin:
Yes.
One ofthe conditions was to abide by the Nevada Supreme Court rules and Rules of
Professional Conduct of the State Bar of Nevada and subsequent to the date ofthe order
and the date of your signing the agreement, you had an arrest. How does that fit in with
complying with the terms of the agreement and the order? Your agreement to abide by
the order.
Coughlin:
Coughlin:
I wrote the Nevada and California Bars indicating the circumstances of my arrest.
Coughlin:
I've heard from them in that they told me they got my letter but nothing more specific
than that.
Coughlin:
Coughlin:
Yeah.
The circumstances surrounding the arrest. Could you talk about that.
Coughlin:
Yes.
Coughlin:I was stopped at a stop light, a police officer drove past through the intersection past me and
he noticed that I wasn't wearing my seat belt. He turned around and pulled me over. I had had about half
a glass of wine that night, my blood alcohol test indicated it was a .01, which is, originally it said .00,
-6-
which is, indicates that practically no alcohol was present. I think I haven't the right amount of zeros in
there. The officer indicated that he thought I had smoked marijuana and he arrested me-immediatelyafter I questioned whether I needed to take a breath test for alcohol. I was taken to the station, arrested,
took the urine drug screen, tested positive for marijuana.
Coughlin:
The police report would indicate that you had-it was more-I think your statements had
said that there may have been a trace from the clothes you had wore to the sweater often,
but you hadn't smoked in some time. The police report suggests that you may have been
smoking in the car. I mean the smell was that strong coming out of the car when he
approached. How do you explain your side ofthe story and the officer's side of the story?
Coughlin:
Well, I'd wear the same sweater a lot you know in my apartment because I wouldn't turn
on the heat. The times that I did smoke marijuana it was on that sweater. I wore that
sweater out that night.
Were you around people who had been smoking that night? I mean there's a difference
between having an article of clothing and it's like oh you know you've been around
people who smoke and you go, "I smell like I've been smoking."There's a difference
between your smelling like you've been around smoke and smoke wafting out of your
car, so I'm trying to understand the difference between your story and the officer's story.
Coughlin:
I don't recall being around people who smoked that day. The officer- I don't necessarily
agree with some of the things in that report, but that was his opinion.
And you definitely were not smoking in the car that day or had even had a smoke that
day or the day before?
Coughlin:
That's correct.
How does, assuming your ultimately living in Nevada and California, how does
California fit in with your plans when you have a residence in Washington and went to
school there and then you live in Nevada and why California?
Coughlin:
I'm very fond of California; specifically San Francisco, San Diego, Sacramento. I'd like
to move here and practice. Perhaps maintain a practice in both states.
Coughlin:
~atent law would be something I'd be interested in doing. I'd like to do some public
mterest type work. In that regard, California is-specifically the ninth circuit is a state that
I would like to be a part of
I'm gonna ask a question because we've talked about the handling stress, so you don't
-7-
need to explain why or what kinds ofthings were happening in your life that brought you
to the kind of mind set you were in when you took the cyber law course during the
summer and then subsequent, but I'm going to ask you point blank: did you write and
turn in the paper that you claimed you turned in for that class?
Coughlin:
And your decision to turn in only a hard copy and not abide by the requirements of the
professor, I'd like for you to talk about that a little bit and why, you know you don't look
like a kid to me, you're younger than I am, but I know enough about computers to know
that you save everything you do and something that's as important as the work you do in
law school- you want to make sure you have it and I'm assuming you know you spent
time to do an eighteen page paper, something you might need as a writing sample or
something at some other point. How is it possible that you don't have a copy ofthat to
make sure that when things didn't quite turn out the way they should have that you could
fix that situation?
Coughlin:
Well, as far as the first part of the question. I wasn't aware, I went to the class the day
the paper was due with a hard copy in hand. I had missed the last ten minutes of the class
where the professor had apparently announced that he wanted a digital copy as well for
the purpose of loading it on to his laptop to read while on a plane flight. I had been
present in class when the professor had said he had wanted to upload the papers to a
cyber law website that was going to be created. I wrote the paper in somewhat of a
hurried manner. I was going to take the Nevada Bar Exam the next week, so the paper
wasn't very good in my opinion. I didn't want it to be on a website because I didn't think
it was indicative of what I was capable of but rather that it was poor and hurried work.
When I got to class and noticed people were turning in disk copies as well as hard copies
I assumed that it was for the purpose of loading it on to the cyber law website. I wrote
atop the paper that I did not wish for my paper to be included on the cyber law website
and as such would only be turning in a hard copy. That was a poor unilateral decision to
make. I shouldn't have done that. I should have obeyed whatever the professor had said.
And it's further indicative of my level of disorganization at that time you know and the
latter stages of alcoholism-not very organized, missing the last ten minutes of class,
missing when the professor said why he wanted that copy. It's slightly arrogant,
impetulent to you know right that atop the paper.
Did you think to ask any of your fellow students or the professor directly I mean, what's
going on here, do I need to submit something that's just a hard copy, or?
Coughlin:
I asked the students sitting around me whether we needed to submit an electronic copy
and some of them said I think so and some of them said yes. I believe I meant to submit
one anyways in addition to what I wrote atop the paper, but ultimately didn't; went on to
getting ready for the Bar Exam and taking it and either forgot about it or thought what I
wrote atop the paper was sufficient. In regard to-I had-just to make the point I, a few
students did sign affidavits saying they saw me turn in the paper.
Coughlin:
No, I'm saying the way I would read that. My interpretation is they saw you tum
something in. How did they know it was that paper or not? Unless they sat and read it
and said, "Oh yeah I read it and that was the paper." Otherwise it's you putting
something in-you know people are piling stuff on-who knows what you turned in. If you
turned in anything at all. And I am not saying you didn't, I'm just clarifying.
Coughlin:
As to the latter part of your question, whether I had a back up copy of it. I had written it
on a laptop computer. I was living with my girlfriend that July. The computer's reading
arm on the hard drive broke off and the USB port got cracked in some way. I took it to
Best Buy to get it fixed and several other computer places. They informed me that the
computer was pretty much unfix able absent some expensive data recovery type services.
I was remiss in not making a disc back up ofthe paper. Again that's indicative of being
an alcoholic--not taking all of the steps and being present and being responsible--thinking
you can print off a paper and tum it in and you know ...
Were there more than two drafts ? Do you have the draft that you turned in that had
various comments-and then understand-wouldn't have wanted anyone to be privy to and
then there was the draft that you turned in. Were there more drafts than that? You wrote
your initial draft with place holders and then you worked on it and that next draft was the
one that you turned in since it wasn't what you call up to your quality. Those were your
only two drafts?
Coughlin:
That's correct.
Coughlin:
I think it was saved on my Hotmail account. The one with the blue or purple language in
it. I had emailed it to myself, I believe.
Okay, and you didn't think to email the final draft to yourself so that you would have it.
Coughlin:
. Well the final draft I had taken that draft and the paper was due that afternoon and I
worked-so I took that draft and worked on it all day at the school library or the school
library computer place. I got it into a final form and printed it out.
So the draft that you emailed to yourself, you opened up that email at the school, worked
on it, when you got it finished or to whatever you thought was what you were going to
turn in, you just printed it and that was the end of it?
Coughlin:
Yeah.
Coughlin:
I can't honestly say in remember saving it to a disc and taking it home or anything. I
do know that I thought, it's printed out, I'm turning it in, it's done.
-9-
Q
Coughlin:
Alright. Thank you. We don't have any other questions if you'd like to close with a
statement you're welcome to do so but you don't have to.
I'd just like to you know impress on you that I really have changed, you know. I've gone
to probably five or six hundred A.A. meetings; I've listened to hundreds of speaker
meetings on A.A. tapes. Alcoholism is in my genetics, you know-it's something that's
really exacerbates my character defects. Even if you took out the alcohol, I' d still have
character defects, still have the alcoholism part of it. I've really worked to address that.
There has been pretty much a complete psychic change in me as a person. I no longer
have such a self seeking life, where all life is about is me collecting one achievement
after another as a means to build myself up. Rather I see that-there is alot more to be
experienced in life by giving to other people and living for, living an other directed life.
Probably the main change in me is that I've turned my will and my life over to my higher
power who I choose to call God, and in so doing, I'm no longer trying to transcend these
feelings that I have inside, whether they be negativity, self pity, blaming other peoplejust alot oftoxic emotions that you see in alcoholics and children of alcoholics- rather
than trying to transcend those feelings through absolutely controlling something like
achieving things in life or controlling things by drinking-through them. Covering them up
with alcohol. I'm realiziIlg that only God absolutely controls things. So, I accept my
limitations and in that I feel I have been able to become more whole as a person, and
avoided the trap of what happens when you try to absolutely control things in your life,
whether it's your reality with alcohol or the people, places or things around you, you
often become absolutely dependent upon them and, you know by praying and turning my
will over to God and asking for knowledge of his will the power to carry it out, I'm able
to find a middle ground where I am responsible and I control what I can in life and I'm
not overly depending on alcohol or anything else or any other person in my life and in
doing so I have been able to become a more healthy and balanced individual who- really
is a night and day difference from who I was.
Thank you.
end
-10-
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In Re Matter of ,
ZACHARY B. COUGHLIN ,
AND FITNESS
STATE BAR OF NEVADA .
)
)
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)
)
)
)
8
9
10
11
12
13
14
15
16
17
18
1
20
21
22
23
24
25 REPORTED BY :
MICHAEL ROWE ,
Chai rman
Esq.
EXHIBITS
Description
Page
3
57
57
(9 : 20 a . m. )
MR . ROWE :
My
if I may .
On
is Mr . Kevin Kelly .
Mr . Coughlin , as part of our usual procedure
11
12
13
14
15
Would
(Exhibi t 1 marked)
THE WITNESS :
16 believe i t is a copy.
17
18
MR . ROWE :
responding today?
19
THE W:TKESS :
20
MR . ROWE :
Sure .
::0
21
based on my marriage
22
Except for me ,
25
4 Mr . Coughlin .
5 of the hearing .
11
0 ask .
That burden
THE WITNESS :
MR. ROWE :
represent you?
10
THE WITNES S :
11
MR . ROWE :
If
12
13
14
15
16
17
will proceed .
18
THE WITNESS :
19
20
21
22
23
wouldn ' t be .
24
25
MR . ROWE :
THE WITNESS :
MR . ROWE :
15 Thereupon--
ZACHARY B. COUGHLIN ,
16
17
18
19
MR . ROWE :
You were
aware of that?
THE WITNESS :
Yes .
MR . ROWE :
We are making a
record is prepared .
When we are finished today and assuming that
8
9
12 Court .
13 decision .
14
15
16 determination .
17
18
THE WITNESS :
19
MR . ROWE :
Yes .
20
21
Morgan ' s testimony and the fact that the notice did not
22
24
25
deficie~cies
in the notice
THE WITNESS :
MR . ROWE :
Yes .
I have noted in
MS . EICHMAN :
1 investigation
2
Maybe
MR . ROWE :
7 question 28 .
to that question?
MS . EICHMAN :
the
23
24
25
10
MR . ROWE :
13 law here .
14
I had already
19
20 moment .
21
22
25
11
0 do
to get it d o ne toda y .
10
We do not .
It 1S up to you ,
11
12
13
these
14
15
16
17
roceedings .
18
19
20
21
22
to help yo u .
23
24
25
You are
have
12
2 It is up to you .
3
THE WITNESS :
12
15
MR . ROWE :
24
25
13
0 us that prompts
10
11
I am not going to
0 how to do that .
14
you know .
THE WITNESS :
From what
20
21
I indicated to
14
6 will continue .
Do you wish to make any further o pening
7
8
9 questions?
THE WI TNESS :
10
11
12
13
14
15
have to say .
MR . ROWE :
16
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18
go
for ward?
MR . KELLY :
19
20
of the discovery?
21
22
23
24
25
15
THE WITNESS :
I stood up
I stood
10
11
12
13
14
15
16
were chasi ng me .
17
18
One of these
I stopped as soon
20
21
22
I put my hands i n
23 was arrested .
24
25
MR . KELLY :
16
THE WITNES S :
MS . STORY :
THE WITNESS :
MS . STORY :
How far?
How far did you go?
Probably 20 feet .
Did the people at the theater
approached y ou ?
THE WITNESS :
clothes .
MR. KELLY :
10
THE WITNESS :
11
MR . KELLY :
12
THE WITNESS :
13
MR . KELLY :
15
THE WITNESS :
16
MR . KELLY :
THE WITNESS :
theater.
20
MR . KELLY :
21
THE !'IITNESS :
22
MR . KELLY :
23
24
25
It is by the
downtown?
18
19
No .
Uni versi ty .
14
17
THE WITNESS :
strip .
ASSOCIATED REPORTERS OF NEVADA - 702/382-87 78
2300 W. Sahara , Suite 770 , Las Vegas , NV 89102
17
MR . KELLY :
As I indicated I
9
10
11
12
13
14
I wa s , you
17
21
they arrested me .
22
shu
25
18
1 school .
MR . KELLY:
About 10 : 00 at night , 10 : 00 or
11 : 00 .
MR . KELLY :
THE WITNESS :
MR . KELLY :
THE WITNESS :
10
MR . KELLY :
11
THE WITNESS :
12
MR . KELLY :
13
THE WI TNESS :
14
MR . KELLY :
7 : 00 .
Were you with anyone?
No .
Where did you eat ?
At home .
So you had one beer at dinner at
15 home?
THE WITN ESS :
16
17 it
1S
possible .
MR . KELLY :
18
THE WITNESS :
21
MR . KELLY :
22
theate r s .
Probably an ho ur .
You were hopping between
23
THE WITNESS :
24
MR. KELLY :
25
THE WITNESS :
No .
How did you get in?
I just walked i n .
19
MR . KELLY :
THE WITNESS :
MR . KELLY :
6 went to court .
7 proceedings?
THE WITNESS :
11
13
Then a court
14 date was set and I contacted Mr. Wil liam Hane and -15
MR . KELLY :
16
THE WITNESS :
The DA?
Well , I think he is one of the
17 DAs or -18
MR . KELLY :
19
THE WITNESS :
He is a deputy DA .
Okay .
22
23 discovery?
24
THE WITNESS :
25
MR . KELLY :
20
..
2 anything?
3
THE WITNESS :
MR . KELLY :
No .
Did you take any clinical program
5 for advocacy?
6
THE WITNESS :
MR . KELLY :
No .
What did you have in criminal
8 law?
9
THE WITNESS :
11
MR . KELLY :
12
THE WITNESS :
l3
MR. KELLY :
14
THE WITNESS :
15
MR . KELLY :
16 for?
17
THE WITNESS :
18
MR . KELLY :
19
THE WITNE SS :
20
MR . KELLY :
21
THE WITNESS :
22
MR . KELLY :
Bankruptcy .
For yours?
No .
Someone else ' s?
Yes .
Have you ever sat In any of
THE WITNESS :
21
MR . KELLY :
THE WITNESS :
MR . KELLY :
Yes .
When did you meet up with
Mr. Hane?
THE WITNESS :
MR . KELLY :
I think
--
11 proceeding .
THE WITNESS :
MS . STORY :
THE WITNESS :
22
MS . STORY :
No .
How do you know what was 1n the
23 police report?
24
THE WITNESS :
22
They with
MS . STORY :
THE WITNESS :
11
MS . STORY :
No .
I think that is what we mean by
12 discovery .
13
THE lHTNESS :
14
MS . STORY :
Okay .
He didn ' t o ffer to show you o ne
THE WITNESS :
MR . KELLY :
18
MR . ROWE :
19
DR . BROWN :
No .
I wou ld like to see that report .
I wo uld too .
As you were runnlng from the
THE WITNESS :
23 clothes officer .
24
DR . BROWN :
25 in plain clothes?
ASSOCIATED REPORTERS OF NEVADA - 702/382-8778
2300 W. Sahara , Suite 770 , Las Vegas , NV 89102
23
THE WITNESS :
2 theater ma nager .
14
That is correct .
THE WITNESS :
18
MR . ROWE:
I was .
20
There was a
24
THE WITNESS :
MR . ROWE :
THE WITNESS :
MR . ROWE :
Not at all .
Not at all .
10
11
12
That is hOlv
r was
aware of it .
MR . ROWE :
15
18
21
by that?
22
THE WITNESS :
25
to that extent .
25
12
16 strange .
17
22
26
date
This is in terms
11
12
13
guy .
14
15
16
17
this in the same vane that you took the arrest , you
18
19
deal .
22
I ' m sorry .
THE WITNESS :
20
21
Go ahead .
way.
MR . KELLY :
23
24
25
27
~n
~n
handcuffs .
THE WITNESS :
MR . KELLY :
THE WITNESS :
MR . KELLY :
~n
to - -
10
THE WITNESS :
11
MR . KELLY :
12
THE WITNESS :
13
Were you
jail?
14 my bike
I was riding
78
was
MS . STORY :
No .
DR. BROW:
No questions.
MR . ROWE :
10
11
12
13
14
mOVle .
15
person .
16
language .
17
18
,,1
character .
22
"3
24
25
was going through your mind when you took ten dollars
ASSOCIATED REPORTERS OF NEVADA - 702/382 - 8778
2300 W. Sahara , Suite 770 , Las Vegas , NV 89102
29
from the - -
it wa s a change
5 termination occurred .
THE WITNESS :
0 -- or my
13
14
My
15 broke down
-- my
nex
20
21
22 it back .
MR. KELLY :
24
25
Were you
n p t tj
Yes .
30
MR . KELLY :
THE WITNESS :
MR . KELLY :
4 working?
THE WITNESS :
6 wee k .
7 point .
8
MR . KELLY :
10
THE WITNESS :
11
MR . KELLY :
12
THE WITNESS :
13
MR . KELLY :
Occasionally .
Were you living off campus?
Yes .
Who was
pay~ng
THE WITNESS :
16
MR . KELLY :
I was .
Where were you -- I ' m thinking
THE WITNESS :
federal loans .
MR . KELLY :
THE WITNESS :
24
MR . KELLY :
Yeah .
And you said occasiona lly.
On a
31
THE WITNESS :
12
14
16
THE WITNESS :
17
MR . KELLY :
Yes .
Would you typically pay three or
21
22 it came .
MR . KELLY :
23
24 driving?
25
THE WITNESS :
A Ford Taurus .
32
MR . KELLY :
THE WITNESS :
MR . KELLY :
THE WITNESS :
MR . KELLY :
THE WITNESS :
MR . KELLY :
THE WITNE SS :
MR . KELLY :
What year?
1990 .
Your dad was a doctor?
Yes .
Was he practicing up in Reno?
Yes .
Is he still practicing?
Yes .
Did you determine what that pe ty
10 change was, the box, the money that you took the ten
11 dollars and put the IOU in , what was the purpose of
12 that box , that change box?
13
THE WITNESS :
14
MR . KELLY :
15
THE WITNE SS :
18
0 give change .
that about?
THE WITNESS :
22
23 situation .
24
It ha s
bec o~e
wo e clear to me .
These were
33
10
11
THE WITNESS :
That
I certainly
school .
MR . KELLY :
THE WITNESS :
MR . KELLY :
~s
34
the
hat you had this event some ti me , and then you get
Do
9 that migh
'\
10 this
11
THE WI TNESS :
12
MR . KELLY :
Sure , sure .
What might be emerglng In my
THE WI TNESS :
17
MR . KELLY :
18
MR . ROWE :
Sure .
We will keep going .
Do
19 to the employment?
20
21
MS . STORY :
fire you one day , or did they ever counsel you about
22 your performance?
23
24
0.
35
HS . STORY :
Reprimand , Harning?
THE WITNESS :
They
8 f ired you?
THE WITNES S :
HR . ROWE :
12
THE WITNESS :
13
HR . KELLY :
14
15
HS . EICHNAN :
18
THE WITNESS :
I put that?
21
HS . EI CHNAN :
22 application .
THE WITNESS :
23
Can I
24 see t ha t?
25
HR . ROWE :
36
spelling
0 the name .
4 t wo differen
he
11
12 date that you were fired from your job with the
13 library?
14
THE WITNESS :
MR. ROWE:
17 termination in
THE WITNESS :
23 application
24
fill~d
Is it May
37
THE WITNESS :
2 right nm. .
the semester
would it be
THE WITNESS :
semester .
MS . STORY :
10 library?
11
THE WITNESS :
year
15 worked there said why don ' t you just work here , and I
16 said well , yeah , that would be great .
17
18 year basically .
year
MR . KELLY :
THE WITNESS :
Uh-huh .
38
MR . KELLY :
THE WITNESS :
you are fired or I;e just don ' t think you should come
you?
THE WITNES S :
Yes .
9 me .
MS . STORY :
10
11
difference between you are fired and we don ' t think you
12
13
14
that I ' m
15
that?
MS . STORY :
16
17
ired .
terminated .
THE WITNESS :
18
21
22
was fired .
23
MR . KELLY:
24
"pplicat i on .
25
39
THE WITNESS :
MR . KELLY :
I thought
--
Is
THE WITNESS :
Yes .
it was my understanding
it was my tenuous
12
that I was indeed fired and were not being rehired for
MS . STORY :
You seem to
MR . ROWE :
21
from the change box f or your own use even though you
22
left an IOU?
23
THE WITNESS :
24
MR .
25
ROWE :
To
Yes .
h e bpst
that
Y011 c;:r,n
rpC't=lll
today , what did she tell you her conce rns were about
ASSOCIATED REPORTERS OF NEVADA - 702/382-8778
2300 W. Sahara , Suite 770 , Las Vegas , NV 89102
40
tha t?
THE WITNESS :
MR . ROWE :
THE WITNESS :
Kory is a male .
I ' m sorry .
Kory told me that he thought it
was inappropriate .
MR . ROWE :
THE WITNESS :
MR . ROWE :
10 employment terminati o n?
MR . KELLY :
11
No .
12
13
14
dismissed , and you indicated yes , you had and then you
16
17
that .
18
MR . ROWE :
19
we received deal
20
21
22
?3
24
25
Wl
THE WITNESS :
41
summer .
MS . STORY :
2
3
said 2000?
THE WITNESS :
MR . ROWE :
THE WITNESS :
It was .
I apologize .
course .
indicated
should be 2001 .
It
10
11
12
13
14
15
I wish I had .
16
17
I just
Wait a minute .
19
20
do with anything?
21
22
18
24
MR . KELLY :
THE WITNESS :
MR . KELLY :
Uh-huh .
Is it typed?
42
THE WI TNESS :
MR . KELLY :
THE WITNESS :
MR . KELLY :
5
6
Uh-huh .
You have to say yes .
Yes .
I ' m assuming
your compute r?
THE WITNESS :
right ?
It wa sn ' t
17 handwritten?
18
THE WITNESS :
19
MR . KELLY :
20
No .
I 'm trying to figure out if all
21 difference does it make that you are ta king the Bar the
22
23
24
43
THE WI TNESS :
MR . KELLY :
You
I can e xplain .
I f you said I couldn ' t do it
11
12
that .
I though t well , boy , I had better do that ,
MR . KELLY :
25
MR . KELLY:
44
It was t\;ofold .
One , I would
I think
10
11
12
14 was taking the Bar that summer , and I didn ' t feel the
15 vlOrk was a very high quality because I felt the work
16
17
18
Internet .
19
MS . STORY :
20
21
22
THE WITNESS :
MS . STORY :
45
8 ot hers .
12
13
MS . STORY :
Also
MS . STORY :
THE WITNESS :
:<1
MS . STORY :
22
?3
24
No .
Are you in the habit of retaining
25 drives die .
46
I think I ha d
11
13
14
15
MR. ROWE :
16
THE WI TNESS :
~7
It is an E-mail
acco unt .
18
MR . ROWE :
19
M~.
It is a server?
STORY :
20 it?
THE WITNESS :
21
23 accou nt .
24
MR . ROWE :
25
THE WITNESS :
47
is a
13
14
that day .
15
DR . BROWN:
16
THE WITNESS :
17
MR . KELLY :
18 me concern abou
Handwrote it?
Yes , handwritten .
You know ,
22 name .
"1
24
25 just a shor
48
You said it
0
12 that was
requested .
to qual i fy it .
THE WITNESS :
7 wrote that .
8
10
11
12
13
MR . KELLY :
14
THE WI TNESS :
15
MR . KE LLY :
16
17
18 discussion .
19
MR . KELLY :
20
21
appellate court ?
22
23
24
25
THE WITNESS :
a specific case .
MR . KELLY :
referring to .
49
cases .
MR . KELLY :
9 on the panel .
10
11
exams .
12
familiar wi th .
13
We have
14
15
18
THE WITNESS :
In fact ,
19
20
grade .
21
22
was of .
23
24
25
MR . KELLY :
50
2 solution?
MR . ROWE :
10
11
Thank you .
Did you ever ask Mr . Destefano or
14
15
up .
16 paper .
17
18
19
20
investigation .
21
MR . ROWE :
I asked Mr . Tratos
It 1S your course
73
24
THE WITNESS :
If I knew that
it
would have --
51
MR . ROWE :
THE WITNE SS :
MR . ROWE :
Okay .
In
fact , see
THE WI TNESS :
Uh -huh .
MR . ROWE :
22
23
THE WITNESS :
Boury.e s.Jying
52
15
17
18
19
Destefano .
MR . ROWE :
20
folks that may have seen you turn in your paper on the
21
22
that is fi ne too .
THE
24
WI~NESS:
2 5 about the anonymity but \;ho might not have seen me turn
ASSOCIATED REPORTERS OF NEVADA - 702/382 - 8778
2300 W. Sahara , Suite 770 , Las Vegas , NV 89102
53
We
10
11
12
18
THE WITNESS :
19
MS . STORY :
No .
I ' m curious about the ultimace
22
\'ihat ultimately
happened?
THE WITNESS :
What happened?
You said t wo to
54
10
11
12
13
14
15
16
i n vestigation in anyway?
THE WITNESS :
17
18
wi th him .
'9
E- mail addresses.
20
parti c ipatio n .
21
MR . KELLY :
22
23
24
25
THE WITNESS :
55
2 included .
3
r1ve .
I for
None of
11
12
13
14
that the readi ng arm on the hard drive was broken and
15
16
sort .
17
18
19
20
21
22
other reason?
23
24
THE WITNESS :
56
2
3
It costs $5 , 000 ,
8
9
I can ' t
10
11
12
13
14
15 drive?
THE WITNESS :
16
17
18
phone .
19
20
21
THE WITNESS :
No .
22
23
24
25
57
anymore .
MR . ROWE :
you
8
9
THE WITNE SS :
I might .
I will
certainly check .
10
MR . ROWE :
11
I would like
15
16
17
18
19
20
21
THE WITNESS :
different .
I ' m no
22
23
24
25
One
MR . ROWE :
58
THE WITNESS :
MR . ROWE :
Yes .
Professor Tratos?
TH E WITNESS :
Yeah.
10
stress .
11
14
15
16 mind .
17
18
21
22
23
24
59
THE WITNESS :
2 wi th that .
MR . ROWE :
Go ahead .
I just hope
10 disrespect to you .
No
11
THE WITNESS :
12
MR . ROWE :
13
THE WITNESS :
Well
MR . KELLY:
2 4 stress?
I look at
60
medicine?
Were you
5 drinking?
6
THE WITNESS :
MR . KELLY :
THE WITNES S :
No .
No thing?
I ' m a little conf sed by these
9 two E-mails .
MR . KELLY :
10
11 we might be .
THE vIl TNESS :
12
13
14 content .
15 got sent .
I guess that
61
but I
happen before .
MR . KELLY :
You wen t
THE WI TNESS :
12
MR. KELLY :
Yes .
Can I go to the draft f o r a
give me an idea and
13
14
15
16
17
THE WITNESS :
18
19
MR. KELLY :
20
THE WITNESS :
Do y ou
Yes , I
21
22
23
24
25
62
THE WITNESS :
MR . KELLY :
12
It was
14
MR . KELLY :
15
THE WI TNESS :
18
19
Fine .
I 'm
Ll what?
22
THE WITNESS :
MR . KELLY :
24
63
THE WITNESS :
1
2 draft .
The latter .
It is not blue
It was a working
14
Is all that --
20
THE WITNESS :
Li
It
1S
22 going to read .
23
MR . KELLY :
2 4 said?
25
THE WI TNESS :
Uh - huh .
64
MR . KELLY :
2 final draft?
THE WITNESS :
9 save your papers because you didn ' t have room on your
10 E-mails to save your personal - THE WITNESS :
11
DR . BROWN :
THE WITNESS :
DR . BROWN :
23 been worth fi ve
" ~.'J rs
24
25
THE WITNESS :
I ' m so rry .
65
DR . BROWN :
THE WITNES S :
DR . BROWN :
Uh-huh .
And you are saylng that it is not
THE WITNESS :
10
11
12
15
THE WITNE SS :
Ye s .
MS . STORY :
that wha t you sa id ?
22
THE WITNESS :
23
MS . STORY :
24
25
Yeah ,
intimated .
THE WITNES S :
I think by E- mail .
It is more
66
1 wha
2 else?
I don ' t
I think we came to
MS. STORY :
15
THE WITNESS :
I think I do e xcept
17 know.
MR . KELLY :
18
19 to your question you said you don ' t know ,,,hat we have ,
20 what we have is what you pro vided and wha
21 provided .
the school
We
24
THE WITNESS :
67
10
11
12
13
Yeah .
these , I think .
14
MS . STORY :
15
THE WITNESS :
18
19
better .
MS . STORY :
20
21
22
you have?
THE WITNESS :
I will try .
I guess I assumed
23
24
25
comple te account .
ASSOCIATED REPORTERS OF NEVADA - 702/382-8778
2300 W. Sahara , Suite 770 , Las Vegas , NV 89102
68
MR . KELLY :
You know,
Do
69
10
Explain that .
about i f you are late on a bill or you don ' t have the
12 money fo r rent , yo u are capable then to sa y hey , I need
13 $300 , $500 , a thousand dollars to pay the r e nt?
11
14
THE WITNESS :
15
MR . KELLY :
Yeah .
How about the o ther issue s where
that?
21
the gym ?
22
THE WITNE SS :
23
MR . KELLY :
24
THE WITNESS :
25
MR . KELLY :
Do you go to
Yeah .
Do you drink?
Occasionally .
70
2
3
THE WITNESS :
MR . KELLY :
9
10
Are you a
No .
Do you have any other religious
11
THE WITNESS :
12
MR . KELLY :
14
15
18
19
20
21
22
23
24
25
THE WITNESS :
That is a
THE WITNESS :
Wha t else?
Maybe some anger management
3 counseling .
Were you angry during this period
MR . KELLY :
5 of time?
6
THE WITNESS :
MR . KELLY :
Very much .
I d o n ' t mean to get in y our area .
10
11
at ributing a lot of it
12
13
14
15
THE WITNESS :
16
MR . KELLY :
17
18
Yeah .
MR . ROWE :
21
just concerned for you today , and for that reason , '..Ie
22
23
24
information
25
er say .
We are
I think
It
72
himself sufficiently to
DR . BROWN :
MR. ROWE:
10
11
14
hearing or not
MS . EICHMAN :
DR . BROWN :
We are generally
73
MR . KELLY :
THE WI TNESS :
MR . ROWE :
7 April .
13 October of 2001 .
14
reference letters .
MS . EICHMAN :
21
If that is the case , then you don ' t need to worry about
22
23
24
25
74
10 well.
11
THE WITNESS :
12
MR . ROWE:
13 us .
14
That is sort of a
Have
THE WITNESS :
20
MR . ROWE :
21
22
Yes .
You c an choose
75
agreed t o represen
those .
9 proceedings .
MR . ROWE :
10
I was going
11
12
13
14
I ' m glad
15
MR . ROWE :
18
DR . BROWN :
19
MR . ROWE :
Dr . Brown?
Not presently .
Zach , let me leave you with this
20
thought .
21
22
25
76
1S
3 the day .
concluded at 11 : 30 a . m. )
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
III
III
III
III
III
III
III
III
III
III
III
III
III
III
III
III
III
III
ASSOCIATED REPORTERS OF NEVADA - 702/382-8778
2300 W. Sa hara , Suite 770 , Las Vegas , NV 89102
77
CERTIFICATE OF REPORTER
2 STATE OF NEVADA
55 .
3 COUNTY OF CLARK
I , Donna E. Mize , Certified Court Reporter,
5 do hereby certify :
That I reported ln shor hand (Stenotype) the
~~~M;;~R
18
19
20
21
22
23
24
25
675
III
III
III
III
III
III
ASSOCIATED REPORTERS OF NEVADA - 702/382-8778
2300 W. Sahara , Suite 770 , Las Vegas , NV 8 102
of Hearing
Rc: Character And Fitness
30 23:24 27:23 42 :2
3 57:12 68:8 76:7
300 69:13
<1>
1 1:133:1,1436:20
57:14.14,20,21 59'
<4>
40 49:19 57:14,21 5
9:25 68:8
46 40:12
<5>
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17 19:21
990 32:2
,999 36:7
<6>
600 1:15
675 1:2577:19
<7>
7 18:9
7000 56:6
7th 54:5
<9>
9 1:14 3:2
99 35:16
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2 56:6 57:20,22 58: 1
20 1:14 3:2 16:3
35:16,1936:8,1
0.25,25 40:20 41:3 6
2: 1
20001 41:2
2001 41:5 52:6 57: 1
2,19 73:13
1:13 3:1 77:15
21 10:14
22 10:14
25 26:18
57:14,20 59:25
9:7,12,18
24:16 26:2
29th 72:16,18
67:5
<A>
a.m 1: 14 3:2 76:7
able 12:16 55:8,13 6
8:19 71:23 72:4 75:7
Absolutely 27: 11 69
:16
academically 21:2
acceptable 65:5,7
accepting 28:4
accident 60:23
accompanied 4:23
accords 61 :25
account 46:14,17,23
56:19,20,25 61 :22 67
:25
accounts 61 :25
accurate 36: 1 38: 1
77:11
acknowledged 11: 14
acquited 67: 18
5
actual 9:20 10: 1 62:9 allowed 12:22 15:21
addition 31:8
alternate 49:14 50:2
Alternative 48:17 50
additional 11 :10 12:2 :7
3
alumni 32:24
amenable 5: 14
address 12:17 14:3
33:1 71:19
amount 56:24 62:15
addresses 54:19
64:21
addressing 23:5
amused 59: 10
adjourn 71 :22
amusing 63:20
adjourned 76:2
Amy 50:1752:1754
admissible 14:2
:18
admission 24:4
analyzing 49:2 50:4
Admissions 2: 10 8: 9 anger 71:2
24:17 26:7 51:5 52:1 angry 71:4
6 53: 14
anonymity 43:23 51:
admitted 75:22
8 52:1,25 53:2
ADR 49:22
answer 3:25 4: 1 8: 1
adrenalin 15:20,25
29:19 11:11 12:6,16
advance 4:14 31:18
40:1266:18
advantage 75:2
answered 54: 17
advice 13: 12
answering 12:8
advise 13:1321:9
anybody
29:21 33: 1
advocacy 20:5
1 58:1259:1461:1
Affairs 53:23
63:21
affidavit 50:25 51:4
anymore 5: 19 28: 7
52:15 53:13
57:3
affidavits 73:25
anyway 16:5 54:16
affiliation 70:9
68:19
affixed 33:7
apathy 59: 15
afford 10:22
afternoon 35:5
3,25 73:2
0:0.'
o 76:3
apologize 4: 14 41:5
apologized 14:11
apology 67:8 74:8
Apparently 14:21
APPEARANCES 2: 1
llepOI1Cd of Nevada
Of Hearing
Re: Character A.nd
6:6,23 H:81~I;sulmi
78 1422
9:16 10:25 26:5,7
42:4
ng:
:
: 15,22 36:3,9,17,23
37:23 38:19,24 39:5
assumption 21:4
53:8,9 57: 10 71 :20 7
068:2
3: 19
attachment 36: 18 38
appointed 5:4
:23 62:3
appreciate 11: 12
attention 8: 6
appreciative 4:2
attest 43:10 51:21
approached 15:4 16
:6
appropriate 12: 1, 19
approximately 15:22
, April 73:7
I, pt 69:25
beer 18:14
beers 70: 1
beginning 26:14 31:
3 37:7
begins 63:9
behavior 33:25
believe 3:165:136:1
9:2,19 10:13 15:11 1
9:21 23: 1 24: 19 25: 1
4,22 26:4 47:21 53:9,
4 54:19 62:7 72:3,16
belongings 61:21
benefit 27:8
'~:::::;~:"2~~t
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Page 2
of Heanng
49:25 50:4 6
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certain 37:1,11 56:2
4
certainly 10:2 12:22
13:10,1926:2033:16
57:9 58:19 73:2
CERTIFICATE 77:1
Certified 77:4
certify 77:5
chair 25:25
chairman 3:4
Chair's 11' 20
57:25
change 29: 1,20 32: 1
0,12.17 39:21
CHARACTER 1:2,6
4:6,19 7:3 12:5,1
14:13 28:21 53:7
charge 13:21 14:23
19: 19
17:22,23 19
: 12 21 :25 22:3,5 24: 1
8
charges 4:7 9: 14 14
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1: 15
chase 15:17
chasing 15: 15, 16 24
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31:14 57:9
63:4
checking 32:16
childish 69:4
chill 70: 1
1I~~~~:~:e5:10
75:3
II
7423
chronology 54:3
Church 70:5
15:2
25:14,16
13:8
29:3
citation 27:3
cited 9:13
city 27:5
claim 50:12 53:11
clarify 5:11 36:5
Clark 27:7 77:3,14
class 4:9 41:10 42:1
1 43:9,17 53:1 54:12,
4 63:2 65:8
classes 27:13 42:12
classroom 20: 11
clear 4:21 25:4 26:2
3 32:23 64:24
clearly 4:1 17:1768
:6,9
clerk 32:16
clerks 32: 17
clients 69: 17
clinical 20:4
close 60:12
closest 16:18
clothes 15:11 16:8
22:20,23,25
code 65:13
colleague 68:17
collect 72:4
color 64:12
come 4:10 12:11 38
:3,12 50:1,1 65:18 7
3:2 75:7
comfortable 12:8 13
:18,22 71:9
coming 26:16 29:14
50:3 68:18
commanding 69: 18
commenced 14 :19
comment 47:20
commenting 51 :15
communications
company 55:12 56:1
3 57:7
compelling 11:7
containing 6:21
content 60: 14
contention 55: 1
contents 33:3
context 5:5 13:9
0,22
continuance 5: 14,20
continue 14:6
contrary 61 :23
contributed 46:6
convenient 72:12
conversation 35:10
39:17
conversations 14 :1
52 :7,10,24
convicted 9: 13
convictions 25: 19
convince 53:6
convincing 4:21
cope 69:19
copies 45:22 67:6,2
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copy 3:11,16 14:19
19:22 21 :20 22:8 41.
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44:24 45:9,10,14,18,2
3 46:2 53:4 54:13 7
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correct 19:4,13 23:9,
3 35:17 41:23 63:6
correctly 23:8 39:3
40:12
correspondence 56:
2 66: 12
correspondences 67
:3
corroborate 53: 10
contact 50:19,22 56:1 corrupted 46: 1
cost 5:19
comments 26:14 2821:l2
costs 32: 14 56:5
74:2 75:13
COUGHLIN 1:5 3:3,1
contacted
19:
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Page 14
Paae IS
2
3
4
In Re Matter of
Zachary B. Coughlin
8
9
10
11
12
13
14
15
16
17
Tar.:en u: , Frirl. ;t y ,
At
18
June
21,
2002
19
20
21
22
23
24
25
Reported by:
C.C.R.
No.
466
w<=>c::t
Sahara Avenu e ,
Suite
770,
Las
Vegas,
Nevada
a910;?
APPEARANCES:
Panel Members :
Mi chael Ro we , Chairman
Dr. Gregory Bro wn
Kevin Kelly, Esq
Lori Story, Esq.
4
5
For Zachary 8.
Coughlin:
Christianse n La w Of fices
Peter Christiansen, Esq.
520 Sout h Fou rth Street
Las Veg as, Nevada 89101
By:
9
10
Also Present:
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
Sahara Avenue,
Suite
770,
Las Vegas,
Nevada
89102
Thereupon-MR. CHAIRMAN,
And at my re quest,
as a reflection
March 1st,
postponed -- or continued.
you've
10
11
the oath,
12
13
took .
14
15
16
MR. CHAIRMAN;
Yes.
We'r e pl eased to say that
17
18
19
Ms.
20
my immediate right.
21
To my left,
Lori Story
is Mr.
23
of.
24
25
on
Kevin Kelly.
22
1S
And
to take care
Exhibit A.
2
3
MR.
CH AIRMAN:
8
9
Both of those
2002.
10
11
12
13
"4
15
16
17
Is that correct?
18
MR. CHRISTI AN SE N:
19
MR.
CHAIRMAN :
20
21
22
23
will be your
24
2~
We have all
West
Sahara Avenue,
Suite
770.
La s
Vegas,
Nevada
89102
exhibits.
well.
MR.
KELLY :
>JR. CHAIRMAN ,
7
8
10
11
12
13
o.
But I'm
15
16
17
18
19
20
21
22
for .
23
24
25
Ms. Reporter,
honorable pLesence
or
wh o is
My apologies,
Pat.
School of Law.
Is that correct
MS.
MR. CH AIRMAN:
10
EICHMAN,
t hat ?
MR. CHRISTIA NSE N:
11
Sure .
I will take
12
responsibility.
13
when I did
15
Eichman wa s kind
16
17
18
19
20
21
staff,
22
23
24
2S
I contacted
through his
I wa s told by
7
I can tell you f r om my practice that o n ce a
1
2
dismissed,
and
hen
10
11
12
13
14
15
16
anything .
17
18
19
20
21
22
23
applicatio n.
2~
25
and I assumed
It won't be an officia l.
raised seal.
my fault,
n ot Mr. Coughlin's .
MR. CHAIRMAN :
That would be
hearing,
A n o n -certified
but I
10
school .
So if yo u will represe n t
11
12
13
appreciate it.
, 4
15
MR. CHRISTIANSEN:
16
CHAIRMAN:
17
18
19
20
21
your brief,
but I would
22
23
24
practice .
25
I will
unlps~
the
MR. CHRISTIANSEN:
One is Dr.
Hunter,
brief,
If I do that first,
10
father .
11
12
his page.
( Wh ereupon ,
13
Hunter from
Dr . Hunter ?
Yes.
15
THE WITNESS:
16
Dr.
Hunter,
I 'm present
17
18
Ms . St o ry,
19
me as well .
20
21
Mr.
Rowe,
J kn o w y ou have patients,
Brown,
Zack is with
and so you're
22
questions,
23
24
Zack.
2,
First: off,
10
1
in such company .
MR.
THE WITNESS,
I'm honored to
CH AIRr..,AN:
Doct.or.
MR.
CHRISTIANSEN,
THE WITNESS,
They do,
Doctor.
findings .
early April.
10
11
12
13
CHRISTIANSEN:
14
15
16
T HE h'ITNESS :
17
I ha ve an idea
18
levels.
II,
19
20
III,
II.
IV and V.
III,
IV,
and V
21
22
of a psychological diagnosis.
23
question :
11
diagnosis.
chronic problems .
wh atever.
5
There is
adjustment reaction.
person under
10
CHRISTIAN SEN:
Dr.
15
16
13
14
11
12
temporar~ly
d o n't kn o w.
More t han si x,
18
19
20
stress?
21
22
about the m.
23
THE WITNESS:
21
And,
yes,
I think h e ' s
25
12
prev iousl y .
Does he hav e -- o r have
MR. CHRISTIANSEN,
you
Yes,
He clearly
ver y mu c h so .
level of i nsight.
the y ' re n o t
11
12
fl y on auto pilot,
13
situations.
14
So stuff
10
jus t
kind of reacting to
15
16
17
18
19
20
were .
21
MR.
his abilit y t o
CHRISTIANSEN :
Do y o u have a
22
23
24
THE WITNE SS :
25
Does he ne ed t o go
He and I believe -- Za c k --
- - but I
think we
h~vc
13
me as he needs me .
more.
I do think it ' s g oo d
7
8
seen him ,
marked improvemen t
10
ha v e
y ou
seen a
things?
Absolutely .
11
THE WITNESS:
12
MR . CHRISTIA NSE N :
Dr.
Hunter,
I ' ve
talked
13
14
15
committee,
16
17
18
them.
19
I guess,
THE
WITNESS:
think
20
21
22
23
24
25
Kelly,
who
with the
I'm familiar wi t h .
But
on this stuff.
la w.
MR.
And I
CHRISTIAN SE N,
Dr.
Okay.
10
standardized
11
that nature?
12
THE
13
Hi,
Dr.
there
Hunter,
The Bar
though.
Hunter.
esting,
l i ke an MMPI o r something of
No , Doctor,
\<1 ITNESS:
I did noc.
I did
14
Okay.
15
MS . S TOR Y,
That's a ll .
16
17
18
19
20
21
22
23
24
25
THE WITNESS:
expectation .
Yes,
MS. STORY,
Yes .
Tha t
was our
ma'am.
I guess that's all I wan ed to
Dr.
Hunter.
this is
Mik e Rowe.
Did Zack explain to y o u in any detail the
previous hearing that we conducted with h im on
ASSOCIATED REPORTERS OF NEVA DA - 702/382-8778
2300 vl est Sahara Av e nue, Suite 770, Las Vegas . Ne va da 89102
15
Mar ch 1st?
THE WITNE SS ,
discussion, yes .
Wha t did he describe for you
MR . CHAIRMAN:
as his co nduct.
right term .
if you wi ll.
THE WITNESS,
directly,
10
to ,
11
do wn.
"I
12
Oh, my God.
melted down.
It wa s
I really melted
horrible.~
MR . CHAIRMAN:
13
14
rate .
15
Doctor,
16
17
18
our professio n.
19
20
21
and
sometimes hourly in
THE WITNESS,
Right.
I understand that.
22
And I am actually,
23
24
25
the Bar is
16
cumulative peri o d.
felt differently,
10
f'>1R.
Doctor .
CHAI RMAN:
12
MR. CHAIRMAN:
MR.
KELLY:
16
17
Okay .
questions?
14
15
Thank y ou very mu ch .
11
13
18
Anywhere, Kev i n,
19
months,
20
21
of it.
22
if I
fr om days to
MR.
KELLY :
23
24
2~
And j ust,
physi c ally,
he looks a
17
THE WITNESS;
Yeah .
period of what,
frankly,
He wasn't used
frankly,
10
11
12
he
r<1s . STORY ;
13
true .
14
therapy.
15
of doctors .
16
17
18
19
to be doing .
20
21
Pete Christiansen.
22
questions .
23
y our patients.
24
25
Dr . Hunter,
this is
Okay .
I appreciate it.
702/382-8778
2300 \oJ est Sahara Av e nue, Suite 770, Las Vega s , Nevada 89102
18
1
me the chance to do so .
MR.
THE WITNESS,
CHRISTIANSEN:
Thank you,
Doctor.
ho w it went.
MR. CHRIST IANSEN,
Okay .
out in t he lobby.
Zack's father.
He's
10
Thereupon ,
11
TI MOTHY D. COUGHLIN
12
was calle
as a witness and,
13
14
15
Dr. Coughlin,
this isn't
16
17
18
19
20
your son.
21
22
23
y ou do for a living .
THE WITNESS:
24
25
Family Physicians .
19
CHRISTIANSEN,
the applicant?
Yes.
As you know,
the area --
you and I
In general,
10
have
of.
sort
THE WITNESS:
11
12
of character .
13
to me.
Well,
it's mystifying
15
school,
16
J.
and,
Tom Mishare
(phonetic),
who is,
y ou kn o w,
18
19
20
Zack that I
21
It wa s much
remember.
National Merit
22
Finalist.
23
24
25
He wa s
would
20
say,
gOing to have
other.
You know,
sometime he's
little bit,
You
know,
in the class,
The letter wa s
10
just ridiculous.
11
immature.
12
is going on here?
13
character. "
. 4
a poor grade
And I
It
said.
was so
"What
15
16
17
18
19
20
has.
21
he has.
And I
think Zack
at least I hope he
22
I'm sure
23
24
2S
thoughL,
you kno w,
21
here?
regard .
typical of Zack.
this is not
MR . CHRISTIA NSEN ,
absolutely,
already know.
10
11
THE WITNESS:
12
13
14
15
wa s in college .
16
17
~n
he took up
18
19
this was the hardest he had ever wor ked in his life.
20
And,
apparently,
21
for send ing this letter to the dean was that he felt
22
23
know,
24
25
you
22
wanted .
In t h e last t wo years,
You
know,
But I
think that
separation.
10
in fact,
hundred
11
12
alone for,
13
have.
14
15
But,
he misread that.
At no time
16
17
18
19
20
21
It never even
That's how
y ou know.
there
22
23
24
25
I mean,
could
23
stories.
THE WITNESS:
MR. CHRISTIANSE N,
do that.
MR. CHRISTIANSEN,
California Bar,
if a ny, you've
2002.
and he comes
10
11
himself.
THE WITNESS:
12
13
of,
I think,
1;
MR. CHRISTIANSE N,
15
16
Dr. Hunter,
17
THE WITNESS:
18
19
Yes.
Wh at difference have you
seen?
THE WITNE SS:
20
21
you know,
that I remember.
22
you know,
23
immature.
change.
25
You know,
He's solid.
He's stable,
pel.-iod.
24
THE WITNESS:
MR. CHRISTIANSEN:
Right.
THE WITNESS,
MR. CHRISTIANSEN,
No w , he finished la w
MR. CHRISTIANSEN,
That's correct.
That,
also,
10
11
12
13
l~
revie w,
15
16
think if
17
18
19
and stuff.
20
silly .
21
way s about it .
22
I mean,
just
23
thing,
24
mean,
25
25
An d
the draft,
you kno w,
he
I'm sure he
To me,
i t ' s insulting
in lig ht
Do you have
of
you
10
11
~'lI
No .
TNESS :
I kno w to an absolute
12
13
very seriously_
14
thing_
15
from wrong.
takes it
16
little kid .
18
19
20
21
22
23
ever met.
24
So this is -- I
17
25
do
And I
think
to go through
I' v e
But , you k no w,
26
like that .
happening here.
damage.
But,
I mean,
fortunately ,
additional questi o n s
for Dr.
MR. CH AI RMAN:
terrible things
Coughlin.
Bro wn?
10
MR.
BROWN:
11
HR . CH AIRMAN,
12
MS.
13
THE WI TNESS:
14
MS . STORY:
15
THE WITNE SS ,
STORY :
Ms. Story?
Si x .
What 's Zac k' s plac e?
Zack is third oldest.
His has
16
t wo
17
psychology fr o m Portland .
18
19
in Ren o .
20
21
22
23
He ha s another older
MS . STORY ,
I believe,
his
while he wa s in la w school?
24
THE WITNESS:
25
MS STORY :
Once a week,
at least.
27
1
THE WITNESS:
Yeah.
And I
-- especially
the,
kind o f unusual
it was a very
10
sexual harassment,
11
charge .
12
in conflict
I mean,
practice that.
apparently,
13
14
15
16
very bright,
17
of trouble .
And y o u're
18
19
happened -- nothing.
20
21
22
23
school education?
THE vIITNESS,
24
25
So -- which astounded me
kind
of
st uff.
But we provided,
you know,
28
1
of
MS.
THE WITNESS ;
MS.
STOR Y,
STORY ,
Most o f us do .
It ' s amazing.
I don't have an y further
questions.
MR . CHAI RMAN:
MR.
KELLY,
MR.
CHAIR MAN:
10
THE WITNESS :
11
MR.
KELLY,
Mr.
Kell y?
No questions .
12
13
14
15
it.
17
MR.
21
KELLY,
He writes well.
I think he writ es exception a lly
well.
THE WITNESS:
19
20
of
t.rouble.
MR.
CH AIRMAN,
Doctor,
22
23
24
the hearing.
25
16
18
And,
and they
29
incident?
observed .
knowledge?
THE HITNE SS :
No.
to your
you know,
upset.
Now,
10
And to break
he had to be very,
very
An d
And,
11
12
apparently,
13
14
15
bill .
16
17
And,
18
19
20
21
fortunately,
admit it.
22
23
flat,
24
25
him to have .
dead wrong.
30
California ,
taken
there --
You kno w,
it sou n ds like
- - well,
there,
Well,
Is that
--
But we ha d taken
10
11
12
13
adjourned,
14
15
Doctor.
I wasn't
wh en we
needed to do
T hi s committee
16
17
18
19
20
And,
Doctor , our
21
22
23
24
THE WITNESS:
25
MR.
CHAIR MAN:
Hunt er?
Do
dad,
--
Yes.
Based on being
how
31
THE WITNESS,
you know.
counseling.
their weight
~n
gold.
10
You know,
11
12
13
14
you
15
year is atypical.
know,
16
So I have no quarrel
17
18
19
20
21
know,
22
accu r ate .
23
immaturity.
24
25
32
the Yale
And
10
a whip,
And I said,
" What
And
11
12
13
I said,
14
going on here?"
15
16
17
that sometimes,
18
19
make steel .
20
really.
What's
know what
But it reminds me
21
you know,
22
23
humility.
24
here .
25
Nevada 89102
33
1
You k no w ,
and I
Thanks,
number of times
now,
Dr . Coughlin .
rath er than
from y ou .
10
11
You kn o w,
12
13
early on .
14
15
my office ,
16
do wn in tears t o t o day.
17
h ou r s yesterday ,
18
19
And I can te ll y ou ,
where,
wh e re,
berated him,
you kn o w --
for t wo
20
21
just poi n t
22
23
So ,
And I
Za c k,
y ou tell ,
in your o wn
24
25
in --
34
THE WITNESS ,
MR.
CHRISTI AN SE N,
CHRISTI AN SEN :
THE WITNESS ;
MR.
12
THE WITNESS :
13
this point.
14
stuff.
15
MR.
16
hearing,
17
haven't I?
to 10 : 0 4 a.m.)
Zack ,
tell
CHR I ST IANSEN,
CHRISTIANSEN:
No w,
THE WITNESS :
19
MR . CHRISTIA NSE N:
the re ?
18
21
That's fine .
Spann.
11
20
Sure.
9
10
15
practi ci ng.
THE WITNESS:
wa s
22
23
24
25
35
MR.
CHRISTIANSEN,
THE IH TNESS,
THE WITNES S,
7
of that sort .
MR.
CHRISTIANSEN:
h~d
things
10
11
12
you
13
Have
y ~~
THE WITNESS,
Sure.
I mean,
never really
16
intended to sa y that.
17
18
certainly .
19
You kno w,
--
20
2]
practicing?
22
THE WITNESS :
23
MR.
24
THE WITNESS,
25
Sure.
CHRISTIANSEN:
Absolutely .
Is it stressful?
Certai nly,
it's stressful.
36
stressful
I hadn't
practicing.
MR . CHRISTIA NSEN :
10
11
THE vHTNES S :
12
MR.
No w , y ou went through la w
T~ o
CHRISTIANSEN:
13
.:. 4
school;
right?
15
THE \>lITNESS:
16
MR.
Yes .
CHRISTIANSEN :
17
18
19
20
did,
21
22
maybe,
as Mr . Ro we has
THE WITNESS,
to be honest?
Certai nly .
You k no w,
you kno w ,
the
23
the more
24
25
37
inappro priat e .
And , u
yo kn o w ,
but
10
it's
MR . CHRISTIAN SE N,
i n any regard?
THE WITNESS:
Ce rtainly.
I've developed
11
12
mentioned,
13
14
15
16
17
18
19
And as you
MR.
KELLY:
Zack ,
can you
I've
THE WITNESS ,
Well,
to try to do too mu ch .
MR.
KELLY;
You kn o w,
a good example
20
21
22
accept that?
23
THE WI TNESS:
24
Unfortunately ,
25
No.
I t hink I have.
able to when
38
1
California Bar .
MR.
today.
KELLY,
We rememb er .
THE iH TNESS:
you know,
because I know
10
11
12
accepted that.
13
MR. CHRISTIANSE N:
14
me when you
15
16
right?
17
THE WITNESS,
18
MR.
19
Yeah.
CHRISTIA NSE N;
20
THE WITNESS:
21
MR . CHRISTIANSEN :
Y eah .
22
mean,
23
24
that
Isn't
right?
25
That's right .
Sahara Av e nue,
Suite
770,
Las
V egas ,
N evada
89102
39
MR.
CHRISTIANSEN:
THE WITNESS,
you kno w ,
myself.
No.
you know,
10
11
critical of myself.
MR.
12
KELLY:
13
morning.
14
15
16
17
THE WITNESS:
Oh,
Go through
And --
MR.
KELLY:
This
18
19
eat breakfast?
20
21
22
THE WITNESS,
Yeah.
I get up.
I,
Do you
Do you
I want
maybe,
23
MR.
KELLY,
24
THE wITNESS ,
25
What channel?
Channel 3.
NBC or something
40
1
MR.
KELLY,
Yo u know,
fort.unat.ely,
there's -- y o u know,
--
And
Those
12
THE WI TNESS:
13
MR. KELLY:
KELLY,
Wh at do y ou do wh en y ou get
home?
THE WI TNESS,
15
16
while.
17
18
19
20
MR.
21
THE WITNESS,
22
MR.
23
so I
I have a couple d o gs no w.
11
14
come
d ogs .
10
MS. STORY,
Okay.
KELLY,
KELLY.
Do yo u have roommates?
I
have o ne roommate.
Okay .
bed?
24
THE vllTNESS:
2S
MR.
KELLY:
5:30,
41
you hit
Do y ou have dinner?
MR . KELLY :
THE WITNESS :
MR .
Do y ou k no w ho w to cook?
KELL Y,
THE WITNESS ,
KELLY :
10
THE WI TN ESS :
11
MR.
12
THE WITNESS ,
13
I coo k right no w.
10 : 00 before y ou reti r e?
Sure .
Yea h .
KELL Y:
Right n o w ,
just started a
14
MR.
KELLY,
15
it.
co n ti n uation on his
"Angela's Ashes."
And
16
17
18
19
20
MR .
21
22
MR . KELL Y,
23
K ELLY:
24
about a mo n th ago.
25
had a
But 1
Well , sometimes .
What ' s
I kn o w I sa w a movie probably
was going to
42
1
movies .
THE WITNESS;
MS . STOR Y :
Paying f o r movies.
Do y ou e x ercise?
I try to, y o u kn o w .
my brief .
Paying f or mo vies?
THE WI TNESS,
10
11
12
13
l4
-- it
15
and that was one of the reasons t hat I wan ted to get
16
17
healt h insura n ce
18
MRI,
19
20
th at just wasn' t
23
and th en y ou h a v e
to
And
t oo r e alistic then.
21
22
you kn o w,
So was t ha t an added
stress?
THE WIT NE SS ,
Yeah.
it 's
I mean,
anybody wh o h as
I t hink everybody
24
25
And,
you
43
kno w,
takes up
y ou kn o w.
3
4
problem .
insurance.
But ,
y ou kn o w ,
it is difficul t
with out
stress.
MR.
10
11
i t
Ce rtainly,
BROWN:
and some of
it wi l l a v oid some o f
th e
12
THE WI TNESS :
Ye ah,
I did.
And he
13
14
15
16
17
kn o w,
Unfortunatel y,
it ' s a
But.
you know,
A nd ,
y ou
18
to be honest,
he
19
20
21
22
people tel l
23
24
25
y o u h o w to get a massage o r,
but
you kn o w
44
1
MR. BROWN;
THE WITNESS:
mid-thoracic problem .
of neck pain.
intervention .
10
11
12
13
14
chiropractic.
MR . BROWN:
15
Not sitting
18
BROWN:
19
20
beginning to do self-regulation or to do
21
22
23
THE WITNESS ,
Well , I think,
to a certain
24
extent,
2S
45
look like.
So in that regard, we worked on trying to
accomplish less,
10
You kno w ,
kind
things of
that sort.
MR.
11
CHRISTIANSEN:
The e-mails,
in
12
13
inappropriate?
THE
~olI:'NE SS;
15
16
inappropriate.
say.
cringe when I
MR.
17
18
fiasco?
19
right?
No,
n ot at all.
r ead them.
CHRISTIANSE N :
:;: mean,
like
20
THE WITNESS:
21
MR.
22
23
MR.
24
ultimately dismissed?
25
THE WITNESS :
Abs olutely .
CHRISTIANSEN:
Yeah.
CHRISTIANSEN:
That's right.
46
No charges?
No
convict.io ns?
That's correct.
THE WI TNESS:
Amy Jones?
and -- is it
Yes .
THE WITNE SS ,
MR. CHRISTI AN SE N,
10
11
Bar committee,
12
correct?
13
THE WI TNESS ,
14
Yes .
An d t h ere was an
15
16
17
THE WITNESS:
18
MR . CHRISTIANSE N :
19
20
of
21
22
correct?
23
THE WI TNESS ,
24
MR . CHRISTIANSEN :
25
none
is that
47
1
used,
staff
THE WITNESS,
of
T h at ' s co rr ect.
MR. CHRISTI AN SE N ,
10
Di d y o u wr i te the
11
12
Mr.
13
e xtend ed vacation.
Stratos to be h ere.
14
He ' s i n Euro p e on an
l~
16
17
18
19
20
21
22
MR. CHRISTI AN SE N:
Sure .
And all of t h is stuff,
23
Zack,
:4
2S
THE WITNESS ;
Yes .
I think I wac.
48
MR. CHRISTI AN SE N,
No,
not at all.
dismissed?
THE WITNESS:
10
of.
MR. CHRISTI AN SE N,
11
12
13
'.
THE WITNESS:
That's correct.
Were
And in
1~
addition,
16
17
18
19
done wr o ng.
20
21
Bar that,
22
too.
MR. CHRISTIANSEN:
I read in y our
23
trans cri pt
24
25
49
that .
No .
Th a t's correct.
10
to snea king
y o u kn o w,
to
Th e reason I
seem commensurate
into a theater .
And,
11
I snuck
subsequently,
12
13
15
Previ ously?
Previ o usly.
I ' m no t
Within the
16
17
was.
18
19
20
21
22
23
"4
2S
regard,
So in that
50
theater.
o kay ?
THE WI TNESS,
MR. CHRISTIANSEN,
Nor running?
THE WITNESS:
11
MR. KELLY:
No.
practice?
THE WITNES S:
12
13
Not at all.
judgme nt o n my part.
10
.;.
primarily.
.,
MR.
KELLY:
THE WITNESS:
15
16
17
Las Vegas .
Victor Perry
18
MR. KELLY :
19
20
21
Reno.
22
23
MR. KELLY,
discussed?
25
THE WITNES S :
well.
firm of my
51
1
employed right no w.
MR.
CHRISTIANSEN,
MR.
KELLY:
TheY've called me .
hope I
attorney.
MR.
10
KELLY:
making now?
THE WITNESS:
11
You kn o w,
l2
13
MR.
14
15
to night?
16
17
KELLY,
Yeah.
movie.
18
MR.
KELLY:
Yo u kn o w, my concern is wh en I
19
20
21
22
23
and I
because I
24
25
suggest?
Wh at ' s going o n?
52
Now,
adjustment reaction .
My conce rn then and my c ertain today is t h at
3
4
7
8
whatever it ta ke s .
record,
10
11
today .
your a c hievements,
you've excelled at
12
13
14
can d o that.
15
16
mean,
You
just want yo u to
17
18
19
20
do in t h e past?
21
for help."
22
THE WITNESS:
23
24
25
MR.
What ar e you
KELLY:
Sure.
Yes .
Certainly .
"Ask
53
help.
MR. CHRISTIANSEN,
Have you
called me?
THE WITNESS,
No.
THE HITNESS:
you
Yes .
MR . CHRISTIANSEN,
Dr . Hunter ?
THE WITNESS:
Yes,
have.
10
11
12
13
14
15
He ' s
You kno w,
unfortunately ,
You
the
16
17
18
19
20
21
a ware of my situation.
22
23
24
25
which wo uld
You kno w,
they're fully
y ou kno w .
attorney?
THE WIT NESS ;
gues~
it would be
54
Alan Westbrook.
MR.
THE WITNESS,
He called me.
CHRISTIANSE N:
there .
of keeping an e y e on me .
in Reno n o w.
7
kno w,
up in Reno .
10
MR. CHAIRMAN:
11
THE
12
MR . CHAIRMAN:
WIT NESS :
He's an attorney
I kn o w Carl well .
Okay.
You said t h at the firm -- o r
13
14
16
Yes.
THE WITNESS:
15
That's right.
That's
correct.
MR. CHRISTI AN SE N:
17
18
19
20
investigation .
21
22
23
MR. CH AIRMAN ,
24
MR.
25
BROWN:
gave
So Zack
to ask.
AS SOCI ATED REPORTERS OF NEVA DA - 702/382-8778
Suite 770, Las Vega s , Nevada 89102
ss
MR.
CH AIRMAN,
and I
Zack,
counsel,
<1
woun .
apologize ,
1'm interrupting
~ontact
as I
10
said then,
11
are charged
12
13
14
's
18
19
melt do wn,
20
THE WITNESS:
21
Well,
I just see it as
22
23
to represent clients.
"4
25
you know,
56
of that regard.
MR . CHA IRMAN:
You kno w,
Yeah.
I mea n - -
MR . CHAIRMAN:
T HE WI TNESS,
Maybe.
-- that was just a cra z y week.
10
there,
11
of
12
in flea-bag mote l
13
California Bar,
14
15
16
17
it died,
I drove my ca r down
MR.
you
know,
CHRISTIA NSEN:
18
THE WIT NE SS :
19
MR . KELLY:
Yeah.
Was it the night before?
20
21
THE WITNESS:
No.
22
23
So I know it looks li k e --
24
25
And I don'c
57
MS.
STOR Y:
THE WITNESS ,
MS . STORY,
THE WITNESS ,
Cer tainly.
Zack?
it did.
wou ld.
wasn't
10
11
12
I didn't even
I
13
So.
14
differently.
15
16
17
yeah.
18
certainly,
I
mean,
MR . CHAIRMAN '
And.
so,
My a s s es sme nt of y ou on
19
20
21
22
23
THE WITNESS:
Zack.
And you
24
25
58
on March 1st.
As I said then and I ' m sa ying now, we are
10
11
12
13
14
15
16
17
18
19
trial.
to be
y ou got a
20
21
one of us .
22
23
24
25
mea n,
And
want
you
to understand ,
we
hdvt:
59
if the res t o f
q~alified
10
11
12
THE WITNESS:
13
4
Well,
I don't hav e
J5
16
17
kn o w,
18
19
yo u
20
21
22
23
com ply.
~4
25
Certainl y,
MR. CH AIRMAN:
I'll be
60
your license,
There is no red
as mine.
MR.
10
KELLY,
- - particularly.
11
feel as if,
when a
since I practice
12
i n Vegas --
13
]4
]5
in this room,
16
17
these hearings.
18
I echo it
19
20
fear not.
21
22
23
24
25
THE WITNE SS :
would happen at all,
MR.
So
CHAIRMAN:
interrupted y ou .
I'm
CHRISTIANSEN,
61
MR. CHAIRMAN:
anything further.
MR.
long .
back.
KELLY,
MR.
CHRISTIANSEN,
have
10
11
12
Kevin did
13
14
15
~t
on purpose.
I told Za ck that
And
16
17
18
as tight as a drum.
19
20
I know
21
22
23
help him.
24
initial point,
2S
62
different
I think carries
much weight -- bu t
here,
I have cited t he la w
~n
10
11
candidly,
12
13
say don't do
14
MR.
KELLY:
15
MR.
CHRISTIAN SE N:
if y ou tell him
Hunter,
don't
it.
16
17
wind ed.
18
ake the
19
to see Dr.
And .
20
Counsel.
21
22
23
24
25
63
MR.
CHRISTI ANSEN,
practice law,
A co nditi o n al admission,
10
benefit from.
11
12
13
MR.
14
in my brief.
KELLY,
and 1,
you
kno w ,
15
]6
17
18
Apr11,
Remember ,
MR.
KELLY;
20
MR.
CHRISTIANSE N;
21
MR.
CHAIRMAN,
anybody
I tri ed that in
23
MS . STORY ,
24
MR.
25
Can you
19
22
have
CHRIST IANSEN,
I promise.
He ' s g o ing to
64
it around.
MR. KELLY:
MS.
Yeah.
MR. CHRISTIANSEN:
I think he' s
go~ng
on
Monda y.
Let's make a p oi nt of having
MR. CHAIRMAN,
that.
STORY,
it a we ek
from today.
MR. CHRISTIANSEN:
At this point,
MR. CHAIRMAN:
10
Yes.
11
will be close d,
12
the record
13
14
( Exhibits 4 ,
5.
15
16
17
18
10:43 a .m. l
19
---000---
20
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Suite
770,
Las Vegas.
Nevada
89102
65
1
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a du l y
Nevada ,
do hereby ce rtify:
10
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12
complete,
13
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14
true,
and that t he
am not a
15
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of th e parties,
17
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no r a relative or employee of a ny
I N WITNESS WHEREOF,
20
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Nevada,
nor a
State of
2002.
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of Nevada
Bar Hearing
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........fNevada
Patrice Eichman
Director of Admissions
State Bar of Nevada
600 E. Charleston
Las Vegas, NY 89104
RE:
Zachary B. Coughlin
06-M-13755
vL1)\~ ~M~J-
Lynne Thingvold
Legal Assistant to
Susan Kagan
Deputy Trial Counsel
lit
enC.
---....
~EMO
To:
Susan Kagan
From:
Patrice Eichman, Director of Admissions
Re:
Zachary Coughli n
EnclOS~d. please find copies of Mr. Coughlin's Nevada bar application and supplements,
tranSCflpts from our Character and Fitness hearings conducted on March 1.2002 and June
21, :::002, Me Coughlin's pre-hearing brief filed for the June 2002 hearing and all
Character and Fitness hearing summaries, consent agreements and COUfl orders pertaining
to Mr. Coughlin's case.
As a brief summary, Mr. Coughlin first came before OUf Character and Fitness
Committee for a formal hearing on March 1,2002. The hearing was continued due to the
Commiuee's concern for Mr. Coughlin's mental stale of mind during the hearing. The
hearing was reconvened on June 21, 2002 and (he Commiuce recommended 10 the
Nevada Supreme Court that Mr. Coughlin be conditionaJly admitted to the State Bar of
Nevada. The Caliri rejected the Committee's recommendations and ordered Coughlin's
admission be deferred until October 1, 1003 and that during the deferral period, Coughlin
was ordered to abide by the terms of the first consent agreement.
Coughlin successfully completed (he deferment period and the Committee recommended
that he be admitted conditionally and under a new consent agreement. (one that lOok into
account his 2003 DUI). The COLIrl agreed with the Committee's recommendations and
ordered Coughlin condi tionally admitted to practice la\v in Nevada effective March 25,
2005. (Coughlin was placed on conditional admission for a period of three years.)
Coughlin's conditional admission will terminate March 25, 2008 and he has not had any
problems while on probation. Our discipl ine department reports no record of any
disciplinary complaints or problems.
If you have any additional questions orconccms, please feel free
10
conlaCI me.
10 0 3
II
YOU ARE HEREBY NOTIFIED in accordance with the provisions ofSeR 59 that the
8
9
10
hearing in the above referenced matter will be conducted by the Committee on Moral Characler and
Fitness on Friday, June 21, 2002, at 9:00 a.m., at the Offices of the State Bar of Nevada, 600 East
Charleston Boulevard, Las Vegas, Nevada 89104.
II
SCOPE OF HEARING: Including, but not limited to, your criminal charge, law school
12
incident and/or any other matter concerning your character and fitness qualifications for admission to
13
14
PROCEDURE: Since the burden is on you to establish that you are fit to practice law in
15
this state, you are entitled to have counsel of your choosing present at the hearing; you may make an
16
opening statement; and you may offer such witnesses and present such other evidence as you desire.
17
You, and any other witnesses you call, will be subject to examination by members of the Committee.
18
PREHEARlNG BRIEF: The Committee on Moral Character and Fitness suggests [hat if
19
you have any documents to be submitted, including a pre-hearing brief, that you send them to the
20
Director of Admissions (one original and four copies) at least five (5) days prior to the hearing.
21
22
and Fitness has determined that the estimate of costs to conduct your hearing will be $500.00, which
23
includes travel, lodging, and per diem for the members of the Committee. court reporting services, and
24
reproduction of materials for Committee members. The estimate of costs may be amended pursuant to
SCR 54(6) and any amounts paid by the Petitioner and not utilized by the Committee will be refunded.
SUMMARY OF HEARING
BEFORE THE COMMlTTEE ON MORAL CHARACTER AND FITNESS
,
1\ ZACHARY B. COUGHLIN TO PRACTICE
II
)
)
)
)
)
)
SUMMARY OF HEARING
AND RECOMMENDATIONS
OF THE COMMITTEE
The heanng on the moral character and fitness of applicant ZACHARY B. COUGHLIN
'J
10
\I ("COUGHLIN") in the above-captioned matter came before the Committee on Moral Character and
IF tness ("Committee") of the Board of Bar Examiners of the State Bar of Nevada on March 1, 2002
\ and June 21,2002. COUGHLfN, having been duly noticed, appeared pro se for the first hearing and
appeared with counsel, Peter Christiansen, Esq., fo r the second hearing. COUGHUN waived any
\1 deficiency in the notices and indicated he was prepared to go forward at each hearing.
~1
(See Exhibits
and #4).
The duly Impaneled hearing panel orthe Committee was composed of Michael S. Rowe. Esq.,
\\
16 , Ch~llr and Conuninee members, Kevin Kelly, Esq., Lori Story, Esq.> and Gregory Brown, M.D. Also
.
prese~t
was Patlice J. Eichman, Esq., Director of Admissions and stat A. Cate, Admissions
, In...csug:;tor.
19
During the March 1, 2002 hearing, the Committee determined, after consultation with their
~xpcrt. Dr. Brown, that COUGHLIN was not in an appropriate state of mind to continue wilh the
21
proceedings. COUGHLIN agreed to the continuance and the Committee provided him with the names
22
of attorneys who would counsel and represent him on a pro bono basis.
23
The Committee reconvened on June 21, 2002, and after having heard the testimony and
reviewed the evidence from both hearings, the Committee determined that COUGHLIN has mel Ius
".rdt", as imposed by SCR 5l(4) by clear and convincing evidence in that he has demonstrated that he
.......
~~~--~c::~
is of good moral cl
t
d'
..
larac er an IS willing and able to abide by the high ethical standards required of
auomeys in the state erN
I
"d
'
..
-+
d Th
eva a.
crefore, the Committee recommends that COUGHLIN be admiued
ns
f d . .
.
a miSSion as set forth In the Recommendation and Consent Agreement
o '
,\
SUMMARY OF FACTS
1-)
COUGHLIN is a 26 year-old, single male who graduated from the William S. Boyd Schoo! of
,Law m December 0[2001.
,1
2.
COUGHLIN is employed as a law clerk with the Las Vegas law fiml of Perry and Spann.
12
3.
COUGHLIN filed his 200 1 application for admission to the State Bar of Nevada on February 2,
. i -+
4.
Of concern to the Committee are COUGHLIN's criminal charges, the incidents at the law
I:'>
16
5.
1-
officer, and obstructing a police officer. With respect to the charges, COUGHLIN testified that he
I~.
entered a movie theater without purchasing a ticket and had been in the theater for approximately one
19
hour when theater personnel approached him and asked him to step outside. COUGHLIN testified that
.:!o
mstead of following the personnel out of the theater, he ran. The theater personnel chased him OUI of
2t
the theater and pursued him down the sidewalk. At some point, the Las Vegas Police became involved
22
in tht: chase. COUGHLfN testified that the police tackled and handcuffed him and took him to the
23
24
6.
In October of 200 I, COUGHLIN was arrested for evading a police officer, resisting a police
COUGHLIN testified that while he understood that going into tbe movie theater without
1I1'1lI'cb'~m,g a ticket was dishonest and wrong, he was surprised that the theater personnel and the police
n: s
chased him for such a long distance and then took him to jail. COUGHLIN stated that he was later
'I
ad\"Jsed that the theater personnel suspected him of further criminal activity, including stealing candy
COUGHLIN stated that it was his understanding that, after his arrest, the
pj Ibee realized that it had been a case of mistaken identity with regard to the other criminal activity.
Although COUGHLIN was arrested on three charges, the complaint issued against him
\-
Distncl Anomey in charge of his case and it was agreed that the charge would be dismissed on January
17,2002. provided that COUGHLIN did not incur any further criminal problems.
II'
COUGHLfN complied with the above condition and the charge was dismissed.
II'
-,
The second area of concem for the Committee was COUGHLIN's tennination from his
employment with the Boyd School of Law Library. COUGHLIN testified that he was emp loyed at {he
Ibrary from October 1999 through May of 2000 working approximately twelve hours a week and
earrung 57.00 an hour.
10.
;4
"
16
COUGHLIN stated that in May of 2000, his 1990 Ford Taurus broke down and he needed
money to pick his girlfiiend up from the airport. COUGHLIN took $10.00 from the library change
1-
day.
jK
11
19
performed his duties appropriately. including misplacement of address labels on envelopes and sloppy
20
photocopying.
21
I Z.
22
Law. In sununer of2001, COUGHLIN was enrolled in two classes, including Cyber Law, whieh was
23
taught by Las Vegas attorney Mark Tratos. A final paper was one requ irement of the class and Mr.
24
Tratos requlfcd that the students tum in both a hard copy of their fin al paper and a copy on disk.
COUGHLIN testified that he was fired because of this indiscret ion and also because he had not
The next area of concern to the Committee involves several incidents at the Boyd School of
(1 ';)
COUGHLIN testified that on July 15,2001, he turned in a hard copy ofhis paper but that he
On September 7, 200 1, COUGHLIN was informed that Mr. Tratos did not have a copy of his
paper. COUGHLIN stated that while he was aware that he did not tum in a disk he did tum in a hard
'I
I'
.::, ;1
II
Ii
15.
COUGHLIN submitted the affidavit of Amy Jones, wherein she states that she witnessed
16.
COUGHLIN testified that he was unable to locate the final draft of his paper on his computer
or on any of his disks. While there were several e-mai l conversaiions between COUGHLIN and Mr.
\ Tratos concerning hiring someone to try and retrieve the paper from his hard drive, this particular
12
'1
The Committee finds that the real issue concerning this incident is the unprofessional way in
which COUGHLIN handled the situation, including sending Mr. Tratos offensive and sarcastic e..~
mails.
,,,
tone of the
16 i 118.
! I finding
The Conuninee encourages the Court to read the e-maiIs in their entirety in order to grasp the
e~mails
~See
COUGHLIN testified that the law school initiated an official investigation that resulted in a
that COUGHLIN did not conunit any Conn of academic dishonesty.
COUGHLll'J testified that he was able to locate a rough draft of his paper and Mr. Tratos gave
i8
I~.
Iq
:!o
20.
21
preheanng brief. (See Jlearing Exhibit #6). The rough draft contains some colorful if not bizarre
22
such as, "Now, I am too lazy to actually look up the case and see if it actually says this,
A copy of the rough draft was submitted to the Committee as Exhibit F to COUGHLIN's
23
and says it
24
Vegas and don't have some Ivy League kid to be my fetch-boy and ail, so ... )" and further in the
In
the way that Stevens is setting it up (but mind you I am living at the poverty line in Las
1I.II'Ii,ele, "Apparently Justice Stevens is only in favor of paying the court jester just enough to get by
'J 067
and, maybe, just maybe, send his kid to some piece of shit public school or something like that. Yeah,
thal would be nice for the plebes."
3
21
"''hen questioned about this paper, COUGHLIN explained that it was a rough draft and not
sometiung, under normal circumstances, Ihat he would have turned into the school.
I'
COUGHLIN
, \ stated that the comments and editorials were for hi s own amusement and not intended for others to
6
read. COUGHLIN further stated that there were also spelling and cite errors but he did not attempt 10
alter the draft because he was afraid that it might be an honor code violation to do so, cons idering the
CircUmStances.
\22.
Aside from the official investigation regarding the Cyber law paper and Mark Tratos, the law
\ school also initiated a second investigation regarding the issue of COUGHLIN moving a school
tt
computer into the library fOJ his personal use. COUGHLIN reported that the investigation resulted in a
:1 \ finding that he must pay $100 to the Board of Regents to cover the staff time expended to ensure that
1.1
,4
F.')llowing the first character and fitness hearing and prior to the June 21, 2002 hearing,
I:;
16
telephonically at the June 21, 2002 hearing and stated !.hat he began counseling COUGHLil'1 on April
:"7
2,2002 and conducted approximately eight sessions with him. Dr. Hunter concluded that COUGHLIN
! Il.
l'l
14.
Dr. Hunter submitted an evaluation, which is Exhibit B to COUGHLIN's prehearing brief. (See
21
22
25.
It implies a
He was
always at or near the head of his class, was a recognized athlete and was
11 6b
always popular and successful. His recent situation with the Nevada Bar is
unique in his experience and has been extremely stressful for Mr. Coughlin as
J
it represents the .t;irst time he has been in the role of a troubled or potentially
unfit person. His extreme emotional reaction at the initial bar hearing is
5
generalized anxiety. He is making progress with his symptoms and his current
level of functioning is excellent.
26.
Allhe hearing before this Committee, Dr. Hunter testified that an episode of adjustment
reaction could last from a period of days to many months. Dr. Hunter testified that COUGHLfN had
been under many forms of stress, including taking the July 2001 Nevada bar examination, graduating
early from law school in December of2001, taking the February 2002 California bar examination the
I:!
day before the initial Nevada Character and Fitness hearing, financial stresses, car problems, a recent
I '
breakup of a
" '27
two~year
Dr. Hunter testified that he believes that COUGHLIN benefited from their sessions and that he
;:=;
if'
18.
COUGHLIN also caUed his father, Timothy Coughlin, as a witness. Dr. Coughlin is a family
I
Ii behaViOr and agreed with Dr. Hunter that his son's poor judgment and strange behavior was brought on
1- i practioner in Reno, Nevada. Dr. Coughlin testified that he was very concerned with his son's recent
IX
19
by stress and altempting to accomplish too many things at once. Dr. Coughlin testified that he was
20
shocked by the
21
29.
22
experienced a "melt down" at the first character and fitness hearing. COUGHLIN attributed tlus to the
stress he was experiencing and his failure to seek help or to even recognize rhe problem. COUGHLIN
e~mai ls
to Mark Tratos and that this was not his son's nonnal behavior.
At the June 21, 2002, hearing before this Committee, COUGHLIN admitted that he basically
U.ItaIMthat he did send Mr. Tratos an apology and he is very embarrassed by his behavior and the way
"'1
06
progressed; the Committee became increasingly more concerned about COUGHLIN's state of mind
5
and his mental stability than the original issues. The Committee witnessed what could be characterized
as an emotional breakdown, and after consultation with Dr. Brown, unanimously agreed that lhe
I'
IJ
Committee wnnessed a more composed person, in appearance and in the way that he conducted
10
~
When COUGHLIN appeared for his second hearing, approximately 4 months later, the
himself
1 , I;.lluation.
:2
3.
:.'
his (illOmey but also by consulting with his rather and seeking professional counseling with Dr. Hunter.
t:::'-f
-t
The Commitlce finds that COUGHLIN was willing to seek help and advice, not only through
The Committee finds Dr. Hunter's evaluation and testimony to be reliable and relies heavily on
is
hiS findings. and Dr. Brown's concurrence in them, when making this recommendation to the Court.
16
The Committee finds that COUGHLIN was apparently under an enormous amount of stress during the
1'-
time frame of the law school incidents and the criminal charges. The Committee accepts Dr. Hunter 's
Ih
evaluation and opmion that the pressure and stress of studying and taking the Nevada Bar Examination
19
in July before graduation; graduating a semester early from law school; studying and taking the
20
California Bar Exammation in February the day before his first hearing before this Committee; the
21
expenencing of difficulties COUGHLIN encountered on his way to the California Bar Examination
22
his car break down and towed); all played a major role in his behavior before this Committee at
first hearing. The Committee also accepts Dr. Hunter's opinion that some of these same pressures
wa:e causiRg COUGHUN to act and react inappropriately during the referenced law school
.'I,IIIIIIIII8I1hese same pressures may have pJayed a role in his criminal arrest.
incidents ,
The Committee finds that Dr. Hunter's counseling has given COUGHLIN valuable insight into
his past behavior and has assisted him in recognizing warning signs of possible future stress related
problems. The Committee finds that Dr. Hunter and COUGHLIN have discussed coping mechanisms;
6.
6
would only benefit COUGHLIN, and it would assure the Committee that he has an ongoing support
system. \Vhile the Committee accepts Dr. Hunter's conclusion that this was a severe reaction to
situallonal stress, the Committee is also concerned with how COUGHLIN will be able to handle the
stress that accompanies the practice of law. The Committee finds that a period of conditional admission
10
and continual counseling will allow COUGHLIN to demonstrate that he is mentally and emot ionally
11
12
As to the original incidents and issues that brought this applicant before the Committee, the
COlmmnee finds that the criminal charges were dismissed and the Boyd School of Law did not impose
either academic or disciplinary sanctions. It should be noted that at the time of the first hearing the
1:'
Comminee had notified COUGHLIN that it intended to call Dean Richard Morgan as a witness. Dean
16
Morgan did appear at the first hearing, but due to the postponement of the hearing, did not testify.
1i
However, the Chainnan, in discussing with Dean Morgan his testimony to be presented to the
)8
Committee, believes that Boyd School of Law and its Dean will concur in the recommendations made
19
herem. \Vhile neither of these ancillary determinations (dismissal of the criminal charges and tbe law
school's decision not to impose sanctions) compels the Corrunittee's decision, the Conunittee does give
a certain amount of deference (0 the decisions of other agencies. This deference, along with Dr.
Hunter's [mdings that these problems, or at least the severity of these problems, were caused in great
by COUGHLIN's inability to recognize and deal with his increasing levels of stress, are the
The CommIttee finds COUGHLIN to be candid in discussing his problems and finds him 10 be
embarrassed and remorseful for the mistakes that he has made in the past. The Corrunittee finds that a
)
two-year conditional admission will allow COUGHLIN to demonstrate that he is able to handle the
4
Ipressures of practicing law and that he is able to conduct himself in a professional manner.
The
Committee believes that if similar problems resurface, they will do so during the two-year probationary
penod; alternatively, if COUGHLIN satisfies his conditional admission, the Committee's concerns will
be ehminated.
,
)
RECOMMENDATIONS
ACCORDfNGLY, tbe Conunittee, having heard the testimony and reviewed the evidence [rom
11
bOlh heanngs, determined that COUGHLIN has met his burden as imposed by SCR 51 (4) by clear and
convincing evidence in that he has demonstrated that he
IS
able to abide by the high ethical standards required of attorneys and counselors of law in the state of
14
1<;
THEREFORE, the Committee recommends that COUGHLIN be admitted to the State Bar of
ilJ
Nevada, provided that his admission be conditioned upon the terms of the Agreement, attached as
1-
18
,Q
Dated 'his
20
2t
CERTIFICATE OF MAILING
3
4
5
6
Zachary B. Coughlin
Peter Christiansen, Esq.
Ily mailing a copy thereof, first-class mail, postage prepaid all the 20Ul day of September, 2002.
LJn rea A.
eauc lamp, a e
16
18
19
20
21
22
oyee
3
IN RE: APPLICATION OF
ZACHARY B. COUGHLIN
FOR ADMISSION TO THE PRACTICE
OF LAW IN THE STATE OF NEVADA
Case Noo _ __
After a fom1ai hearing conducted by the Committee on Moral Character and Fitness, the Nevada
Board of Bar Examiners ("Board"), by and through Michael S. Rowe, Esq., Chair of the Committee on
10
Moral Character and Fitness (,'Committee") submits this Recommendation and Consent Agreement
II
12
13
RECOMMENDATION
14
15
It is the recommendation of the Committee on Moral Character and Fitness that COUGHLrN be
16
admitted to the Nevada Bar; provided, however, said admission shall be conditioned on and subject to
17
fie temlS and conditions of probation as set forth 10 this Agreement. The probationary period shall be
18
monitored by and through the office of Bar Counsel of the State Bar of Nevada, and any alleged
19
Violation of this Agreement and/or the terms and conditions of Probation shall be brought before the
~(J
21
CONSENT AGREEMENT
22
COUGHLIN hereby agrees and consents to his conditional admission to practice law in the State
Z3
1.
24
of Nevada conditioned on and subject to the following terms and conditions of probation. The period
25
of probation shall be for a period oftwo (2) years from the date ofthe court order conditionally admitting
26
27
probationary period, the absence of any disciplinary action by Bar Counsel, and full compliance with
28
the conditions set forth below, and upon written application by COUGHLIN and the filing of a
,J
0 74
"" EXHIBIT
,
(a)
occur at least monthly, or more frequently if deemed appropriate by the psychologist, and to abide by
any course of treatment deemed necessary and reconunended by the psychologist, and to provide the
(b)
submit a signed release allowing the State Bar of Nevada access to any co unseling
records;
10
(c)
II
submit quarterly sworn statements to the office orBar Counsel during the probationary
period attesting to his compliance with the conditions set forth in this agreement;
t:!
(d)
abide by Nevada Supreme Court Rules and theRules ofProfessional Conduct of the S tate
13
Bar of Nevada.
14
15
m the Agreement, and the costs thereof shall 1)e paid by COUGHLIN before temlination of the
16
probationary period.
17
4.
18
brought before the Hearing Panel by Bar Counsel. Upon ten (10) days written notice to COUGHLlN,
19
the Panel may convene to determine if a violation of probation bas occurred and what action, if any,
20
should be taken.
The office of the Bar Counsel of the State Bar of Nevada shall monjtor the cond itions set forth
Any alleged violation, however de minimis, of the terms and condi li ons of probation may be
21
If the Hearing Panel detennines that the alleged violation(s) is not proved, no furth er action wil!
22
be taken. If the Hearing Panel finds that a violation oflhis Agreement occurred, it may recommend 10
23
the Supreme Court revocation of the conditional license. If the Hearing Panel detennines thai Lhe
24
violation does not rise to the level of revocation, it may recommend to the Supreme Court the extension
25
26
S.
AIJy grievances filed with the office of Bar Counsel of the State Bar of Nevada against
Z1 COUGHLiN" during the probationary period shall be submitted to a screening panel of the Southern or
~N<0Ih"'" Nevada Disciplinlll)l Board. If the disciplinlll)l screening panel recommends anything other
1 than dismissal, such findings shall be submitted to the Hearing Panel. The Hearing Panel may, upon ten
(10) days wrinen notice to COUGHLIN, convene a hearing to determine the impact of these findings
on COUGHLIN 's probation. Based upon the existence of a findin g of anything other than dismissal,
the Hearing Panel may recommend revocation of the probationary license. If the Hearing Panel
5 detennines that the violation does nol ri se to the level of revocation, the Hearing Panel may recommend
b
to the Supreme Court the extension or imposition of such additional terms of probation as it deems
appropnatc.
COUGHLll'I further releases and authorizes the office ofBar Counsel of the State Bar ofNevada,
to provide the Hearing Panel witb a copy of any grievances filed against him during the period of
IIJ
probation. The Hearing Panel may, upon ten ( 10) days written notice to COUGHLiJ'.1, convene a hearing
11
to determine the impact of any grievance on COUGHLIN's probation. Based upon the existence or a
gnevance which the Hearing Panel deems to be an ethical violation of the Supreme Court Rules o f
13
Professional Conduct, the Hearing Panel may recommend revocation of the probationary license. If the
14
Hearing Panel detennines that the violation does not rise to the level of revocation, the Hearing Panel
15
may recommend to the Supreme Court the extension or imposition of such additional terms of probation
16
as It deems appropriate.
17
Although the Hearing Panel may consider any alleged new disciplinary grievances in terms of
18
whether to revoke tbe probation or to extend or modify the terms set forth therein, this is independent
19
of a separate Disciplinary Hearing Panel's decision to consider what discipline, ifany, is to be imposed
as a result of the disciplinary hearing on any new grievances.
21
6.
")")
23
7.
24
t"'te Court for an extension of the period of probation with a final decision to be made by the Court.
During the period of probation, COUGHLIN continues to bear the burden of prooho establish
lfcircumstances so warrant, the office ofthe Bar Counsel and/or the Hearing Panel may petition
25
26
ACKNOWLEDGMENT
L, Zachary B. Coughlin, have read this Consent Agreement and fully understand its contents.
J076
have sought the advice of an attorney or have freely waived the necessity of seeking such counsel
2
to executing this Agreement. I understand that this Agreement will not become effective if the Ne,,.d~
Supreme Court overturns the reconunendation of the Committee. I hereby freely consent to the
Executed on this
..
I;
\.
6
7
9
10
Respectfully submitted,
It
COMMJTTEE ON MORAL
CHARACTER Mil) FITNESS
t2
t3
14
15
16
t7
18
19
20
21
22
23
24
25
26
27
28
U077
"ilrr
-.
",1/1 Of
DEC 182002
1~
.,
"
IN RE ADMISSION OF ZACHARY B.
COUGHLIN.
"'""
,
~!'I'Orv ti.1Rr
State Bar of Nevada neld July 2426, 200L In its report to this court filed
October 5, 2001, the Board of Bar Examiners reported that the following
appllcant wrot.e the 2001 bar examination. received a tota] scaled score of
not less than 75. and a scaled score of not less than 70 on each of at least
three essay questions: howE'\'er. this appllcant had not submitt.ed evidencE'
of having complied with the rules for admission as set forth by this court:
Zachary B, Coughlin
1078
'-
SCR
1I1r. Coughlin be admitted to the State Bar of Nevada and we defer our
consideration of his application until October L 2003,
During this deferral period. Mr. Coughlin shall abide by the
terms ~lld conditions of the Consent Agreement relating to his appllcation
for admIssion t.o the State Bar of :f\ievada executed on September 9. 2002.
and the office of the Bar Counsel of the State Bar of ~evada shall monitor
the conditions set forth in the Consent Agreement. Further, the Board of
Bar Examiners shall file a supplemental report and recommendation
regardmg this applicant following the conclusion of the deferral period,
J 079
2~ , c.J.
Youn
=-----=~__=__=_i~=-, J.
Maupin
Shearing
_+:Q~_4"li.'~LL~__ , J.
~os~
AihgOStJ )
=rv/-
)
, J.
Becker
, J.
--'B!...=.!ckeL""""""--___"J.
_--''-'''
~
=~~_____ , J.
Leavitt
cc
il8l
IN RE: APPLICATION OF
ZACHARY B. COUGHLIN
FOR ADMISSIONS TO THE PRACTICE
OF LAW IN THE STATE OF NEVADA
4
5
)
)
)
)
Case No.
--------------------)
6
After a formal hearing conducted by the Committee on Moral Character and Fitness, the Nevada
Board of Bar Examiners ("Board"), by and through Michael Rowe, Esq., Chair of the Committee on
Moral Character and Fitness ("Committee") submits this Recommendation and Consent Agreement
to
II
t2
13
RECOMMENDATION
t4
It is the recommendation of the Committee on Moral Character and Fitness that COUGHLIN be
IS
admitted to the Nevada Bar; provided, however, said admission shall be conditioned on and subject to
16
the terms and conditions of probation as set forth in this Agreement. The probationary period shall be
t7
monitored by and through the office of Bar Counsel of the State Bar of Nevada, and any alleged
t8
violation of this Agreement and/or the tenns and conditions of Probation shall be brought before the
t9
CONSENT AGREEMENT
22
COUGHLIN hereby agrees and consents to his conditional admission to practice law in the State
of Nevada conditioned on and subject to the following tenns and conditions of probation. The period of
24
2' 1I10r01)alJiOn shall be for a period of three (3) years from the date of the court order admitting applicant or
such other time as the Supreme Court may order. Upon successful completion of the probationary
Ii>
(18 I
period, the absence of any disciplinary action by Bar Counsel, and full compliance with the conditions
set forth below, and upon written application by COUGHLIN and the filing of a Supplemental
Recommendation by the Committee, COUGHLIN shall be eligible for unconditional admission to the
1.
.5
continue his counseling with Dr. Oliver Ocskay, Ph.D., and abide by any course of
(a)
treatment deemed necessary and recommended by the psychologist, and to provide the Board of Bar
(b)
10
submit a signed release allowing the State Bar of Nevada access to any counseling
records;
11
(e)
12
13
14
(d)
In
a quarterly
of Bar Counsel;
attend meetings with Lawyers Concerned for Lawyers and verify his attendance in a
(e)
15
16
attend at least one AA meeting per week and verify his attendance
submit quarterly sworn statements to the Office of Bar Counsel during the probationary
period attesting to his compliance with the conditions set forth in this agreement;
(I)
17
abide by Nevada Supreme Court Rules and the Rules of Professional Conduct of the State
18
Bar of Nevada
19
2.
20
10 the Agreement, and the costs thereof shall be paid by COUGHLIN before tennination of the
21
probationary period.
The Office of the Bar Counsel of the State Bar of Nevada shall monitor the conditions set forth
Any alleged violation, however de minimis, of the tenns and conditions of probation may be
brought before the Hearing Panel by Bar Counsel. Upon ten (10) days written Notice to COUGHLIN ,
Panel may convene to detennine if a violation of probation has occurred and what action, if any.
If the Hearing Panel determines that the alleged violation(s) is not proved, no further action will
be taken. If the Hearing Panel finds that a violation ofthis Agreement occurred, it may recommend to
violation does not rise to the level of revocation, it may recommend to the Supreme Court the extension
-S
4.
COUGHLIN during the probationary period shall be submitted to a screening panel of the Southern or
Northern Nevada Disciplinary Board. If the disciplinary screening panel recommends anything other
than dismissal, such findings shall be submitted to the Hearing Panel. The Hearing Panel may, upon ten
10
(10) days written notice to COUGHLIN, convene a hearing to determine the impact of these findings on
11
COUGHLIN's probation. Based upon the existence of a finding of anything other than dismissal, the
12
Hearing Panel may recommend revocation of the probationary license. If the Hearing Panel determines
t3
that the violation does not rise to the level ofrevocation, the Hearing Panel may recommend to the
14
Supreme Court the extension or imposition of such additional terms of probation as it deems
15
appropriate.
Any grievances filed with the office of Bar Counsel of the State Bar of Nevada against
16
COUGHLIN further releases and authorizes the Office of Bar Counsel of the State Bar of
17
Nevada, to provide the Hearing Panel with a copy of any grievances filed against him during the period
18
of probation. The Hearing Panel may, upon ten (10) days written notice to COUGHLIN, convene a
19
Ih.::aring
20
existence of a grievance which the Hearing Panel deems to be an ethical violation of the Supreme Court
21
Rules of professional conduct, the Hearing Panel may recommend revocation of the probationary
22
I\liocnse. If the Hearing Panel detennines that the violation does not rise to the level of revocation, the
23
Hearing Panel may recommend to the Supreme Court the extension or imposition of such additional
Although the Hearing Panel may consider any alleged new disciplinary grievances in terms of
whether to revoke the probation or to extend or modify the terms set forth therein, this decision is
independent of a separate Disciplinary Hearing Panel convened to consider what discipline, if any, is to
imposed as a result of a disciplinary hearing on any new grievances.
5.
6.
the Court for an extension of the period of probation with a final decision to be made by the Court.
During the period of probation, COUGHLIN continues to bear the burden of proof to establish
If circumstances so warrant, the Office of the Bar Counsel and/or the Hearing Panel may petition
9
10
ACKNOWLEDGMENT
I. Zachary B. Coughlin, have read this Consent Agreement and fully understand its contents. I
\I
have sought the advice of an attorney or have freely waived the necessity of seeking such counsel prior
12
to executing this Agreement. I understand that this Agreement will not become effective if the Nevada
14
Supreme Court overturns the recommendation of the Committee. I hereby freely consent to the tenns
15
16
,-,\1,
.... \
na.."'Ii;""i2-
.\1)2\_~1Ov'kLtv'\
17
18
19
Daled this
\1-
~k-
ZacHary B. Coughlin ;
7"
OJ
Respectfully submitted,
20
COMMITTEE ON MORAL
21
b
/
21
Bar ID #1374
Law Offices of Rowe and Hales, LLP
1638 Esmeralda
Minden, Nevada 89423
"
To:
000145
Mary LaFrance
09/2512001 07:54 PM
Chrlstme Smith/UNLV@UNlV
cc
Subject: Honor Code Matter
Dear Christine:
I have become aware of a possible honor code violation that warrants investigation. Here are the
facts as I understand them:
Mark Trat05 has reported to me that Zacharias Coughlin, a student in Professor Tratos's Cyberlaw
class this summer, failed to turn in a reqUired paper. Professor Tratos required his students to
submit their papers both in hard copy and in electronic form, and apparently received neither
from Mr. Coughlin In a series of email exchangeswithProfessorTrat05.Mr. Coughlin admitted
not turning in an electronic version of the paper, but asserted that he did submit a hard copy.
Professor Tratos gave Mr. Coughlin a grade of "Incomplete" for the class, and asked him to turn in
another copy of the paper to be graded. Mr. Coughlin said that he did not have another hard
copy, and that his computer's motherboard had failed, making it impossible to recover the
electronic version. However, when Professor Tratos offered to pay for the recovery of the
document from Mr. Coughlin's hard drive, Mr. Coughlin asserted that he might not have saved it
on the hard drive after all, and that he had privacy concerns about allowing someone to access
that drive. He then submitted an abbreViated paper which falls short of the course requirements.
I believe there is a strong possibility that Mr. Coughlin has been lying to Professor Tratos
throughout this exchange, that he never submitted his paper in hard copy in the first place, and
that the only paper he wrote for this class was the abbreviated one which he finaly submitted at
the end of this exchange. Therefore, I believe there should be an investigation into whether Mr.
Coughlin made false statements to Professor Tratos.
Please let me know if I can be of assistance.
Regards.
Mary LaFrance
Associate Dean for Academic Affairs
,,
4
5
j'
)
)
)
IN RE ADMISSION OF
ZACHARY B. COUGHLIN TO PRACTICE
LAW IN THE STATE OF NEVADA
)
)
)
FILED
)
)
)
)
DEC 22 2004
BY
"""" <lfRr
9
REPORT OF THE
BOARD OF BAR EXAMINERS AND THE
CHARACTER AND FlTNESS COMMITTEE
10
II
COMES NOW, the Board orBar Examiners ("BOARD") and its subcommittee, the
Commiuee on Moral Character and Fitness, and respectfully reports the following;
16
17
18
19
I.
By Order dated December 18, 2002, this Court deferred the admission of ZACHAR Y B.
COUGHLIN ("COUGHLIN") as an atlorney and counselor at law in all the courts of this state until
October I. 2003, provided however, said deferral was conditioned on and subject 10 the following
20
21
22
Specifically, the tenns and conditions orlhe deferral agreement required that COUGHLIN:
23
25
(a) submit to counseling by a licensed Ph.D. psychologist, with such counseling sessions to
occur at least monthly, or more frequently if deemed appropriate by the psychologist, and to
abide by any course of treatment deemed necessary and recommended by the psychologist, and
to provide the Board of Bar Examiners with proof of same;
26
(b) submit a signed release allowing the State Bar of Nevada access to any counseling records;
24
27
2B
DEC 222004
CliRI{ OF SuPREME
1,_
co URT
OfPtm' ClERI(
;) I 04
period attesting to his compliance with the conditions set forth in this agreement;
(d) abide by the Nevada Supreme Court Rules and Rules of Professional Conduct of the State
Bar of Nevada.
5
6
The BOARD, having reviewed all of the evidence before it, now reports that COUGHLIN has
successfully completed and fully complied with all of the terms and conditions of his deferral
agreement throughout the entirety of the deferral period. Although not a violation of his deferral
8
9
agreement, COUGHLIN disclosed to the Board that in January of2003, he was arrested for Driving
10
Under the Influence and on March 11,2003, he pled guilty to Reckless Driving. The Board reports
II
that COUGHLIN has submitted evidence of his regular attendance at Alcoholics Anonymous (M)
12
and Lawyers Concerned for Lawyers meetings. (See Exhibits #1-3). The Board also reports that on
13
May 2, 2003, COUGHLIN was admitted as an Agent to practice before the United States Patent and
14
Trademark Office. (See Exhibits #4 and #5). The Board, therefore, finds that COUGHLIN should be
15
16
17
conditionally admitted to the State Bar of Nevada to allow the State Bar to continue to monitor his
psychological and alcohol counseling.
II
18
19
The BOARD therefore recommends that COUGHLfN be admitted to the State Bar of Nevada.
20
conditioned on the tenns of admission set forth in the Recommendation and Consent Agreement attached
21
22
23
- r'<-'
24
t&~,-, M~'--;"
~
-- ------------------------Richard Tracho
, Chai
~---
Reno, NV 8950 I
(775) 786-8000
CERTIFICATE OF MAILING
:\
:\
\0 \
Zachary B. Coughlin
c/o Keith Lee. Esq.
Law Offices of Keith Lee
3400 Kauai Ct. Suite 204
Reno. Nevada 89509
II
12
by mailing a copy thereof, first-class mail, postage prepaid on the 20th day of December, 2004.
13
14
15
16 :
~
~
tacfXb
ar~ .ez;;
a employee
of the State Bar of Nevada
17
18
19 I
20
21
22
23
24
25
'I
I 06
requirements for Mr. Coughlin to meet during the deferral period and
directed the Board of Bar Examiners to file a supplemental report and
recommendation regarding this applicant at the conclusion of the deferral
period. The Board of Bar Examiners, on December 21, 2004, submitted its
supplemental report to the court.
this applicant had not submitted evidence of having complied with the
rules for admission as set forth by this court.
supplemental report, the Board advises that Mr. Coughlin has successfully
completed and fully complied with all of the terms and conditions imposed
by this court throughout the entirety of the deferral period, and that Mr.
Coughlin has now submitted evidence of compliance with the rules of this
court.
less than 75 on each of at least three essay questions, and a scaled score of
not
less
than
85
on
the
Multistate
Professional
Responsibility
Examination; and (5) otherwise complied with the rules for admission set
forth by the Supreme Court of Nevada.
IT IS HEREBY ORDERED that the following applicant be
admitted as an attorney and counselor at law in all the courts of this
State, with all privileges relating thereto, upon complying with the
requirements of the law relative to such admission; however, said
J.
Maupin
Ha~desty
cc:
J.
J.
J.
J.
Keith Lee
Zachary B. Coughlin
>-
III
!t;
~
...,
a:
C>..
Li:i
w
a.::
<
Nevada has this day entered an order admitting the individuals listed
below as attorneys and counselors at law in all courts of this State with all
privileges relating thereto:
NAMES OF APPLICANTS ADMITTED TO PRACTICE
Zachary B. Coughlin
Dated this 25 th day of March, 2005.
Janette M. Bloom
Supreme Court Clerk
............
filED
DEC 182002
.'~
IN RE ADMISSION OF ZACHARY B.
COUGHLIN.
State Bar of Nevada Held July 2426. 2001. In its report to this court filed
October 5, 2001. the Board of Bar Examiners reported that the following
applicant wrote the 200] bar examinatlOll, received a total scaled score of
not less than 7f:>. and a scaled score of not less than 75 on each of at leaSl
three e~say quesbon~; however. this applicant had not submitted evidence
of having complied with the rules for admIssion as set forth by this court
Zachary B. Coughlin
0119
and the office of the Bar Counsel of the State Bar of Nevada shall monitor
the condibons set forth in the Consent Agreemem. Further. the Board of
Bar Examiners shall file a supplemental report and recommendation
~'C.J.
Youn
7r1,
~.
, J.
, J.
Shearing
Maupin
a,,'>r~
A4': ::>
Leavitt
cc'
, J.
~osk2/
, J.
::'-''"'"''''-''''''---_ _ _ _ ., J.
_ ......"""''--'''-_ _ _ _ ., J.
&cke&
Becker
Nevada has this day entered an order admitting the individuals listed
below as attorneys and counse lors at law in all courts of this State with all
privileges relating thereto:
Janette M. Bloom
Supreme Court Clerk
Ja nuary 9, 2003
Attn:
Kathy Crary
until October 2003. in August of 2002 the Cha racter and Fitness Co mmi ttee of the
State Bar of Nevada entered a recommendation that J be given a provisional license to
p ractice law in Nevada. The Nevada Supreme Court's ruling did not offer any
reasoning for why the Com mittee's recom mendation was nol followed nor did it
indicate that I had failed to comply w ith any of the reques ts or stipulati ons presented
to me by the Commillee. I am unsure w he ther this quali fies as having bee n "denied a
business, trade, or profess ional lice nse" as the lang uage of the ru ling speaks o f
"deferri ng" consideration. I am cu rrently waiting for the ac tual ruli ng to arrive in the
mail and on ce I rece ive it I would be happy to supply a copy if that is appropriate.
Sincerely,
Zach Coughlin
Add itio nally, my new location is:
2 t 04 Madera Rd.
Sacram ento, Ca 9.5325
As an update, I have passed the October 2002 United States Patent and Trademark
Office Patent Attorney Examination. I apologize for putting references in the wrong
sec tions o f m y applicalion of Se ptember 28, 2002 and hope that the additional
re ferences I am supplying in this mailing aid in an examination of m y character. I
realize thai this reflects poorly on my application and that my exhaustion from studying
for the Oc tober Patent Bar after the July California Bar is no excuse, nor is the financial
hardship such studying caused. I encourage the Committee to contact Anderson &
Morishita, the Las Vegas patent law firm that I was working for part-lime from October
to December of 2002. I listed Robert Ryan Morishita as a personal reference and Phil
Anderson as a prior employment reference.
.
Morishila cannot be a personal
reference, I should still have supplied five references when viewing this mailing and
my September 28'h mailing in combination. I believe they will have strong
recommendations to give regarding both my character and abilities and may help
understand the situation that ensued at the law school with Professor Tratos as these
gentlemen were formerly associated with the Quirk & Tratos law firm in Las Vegas. I
have worked for Anderson and Morishita as well as spent considerable time in a
personal setting with Robert Ryan Morishita. Lastly, for some of my references, such
as Tom Meschery and Jim Gleboff, I indicated that I have known them for ten years. /
knew these gentlemen quite well from about age 15 to 18 and have had little to no
contact with them since, due to the traveling my educa tion has required. Last ly, while
I did not list them as personal references, I believe it may prove he/pfu/to contact
several members of the law firm for which I work. While this is my first week at
Schuering Zimmerman & Scully, the members of this finn are spend ing more time
with me right now than 311yllotiy elsl!. In particular, Houe;t Zimmenndn, Le:.:o
Schue ring, Tom Doyle, and Dominique Pollara (all attorneys) may prove to be helpful
in making a decision on my application. They are all available at the contact numbers
listed under section 4.2 of my January g'h mailing.
Sincerely.
Zach Cough/in
SSN: 295 86 4380
DOB: 9/2711976
1002
(415) 538-2303
(213) 165-1500
February 3, 2003
-----
--------
The person indicated above is an applicant seeking admission to practice law in California and is currently under investigation by
the Committee of Bar Examiners (Committee) of the State Bar of California as required by statute. The Committee requests your
cooperation In providing the following information from this applicant's record. The applicant has executed a declaration as part of
the moral character application which includes the following provision:
.I also authorize and request each and every law school having control of any documents. records, or other
information pertaining to me to .. .turnish such to the Committee of Bar Examiners. as reqUITed by the Committee ... 1
hereby release, discharge and exonerate any law school" .. any of thel( respective employees .... and any other person
or organization supplying requested documents. records, and other Information pertaining to me from any and all
liability 01 every nature and kind arising out of the furnishing of such documents, records. and other information to the
Committee "
A copy of the declaration wlll be furnished upon request. Please complete both sides of this form, sign it, and return It to
the State Bar's Office of Admissions in Los Angeles at the earliest possible date.
1. Do the records in you r office reflect Ihat Ihe applicant has been:
Question
Yes
No
SEE ATTACHED
(You shoUld not provide Information about any criminal proceeding which you
l)etleve to have been sealed or expunged.) ......................................
Co
iLl: ?u..c.{
'
"
"
"
',' L
LA-. RpEAlSOtt
q,
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The information f urnished above is gi ven w ith the understanding Ih 1 'I
---------
'
'
.
a I will become part 0f th e conltdentlal
'
records of the Com mittee
of Bar Examiners
of The State Bar of California.
I HEREBY CERTIFY to the Com m ittee o f Bar Examiners that I am the Dean ~As .
~.
Assistant Dean or Registrar of t he law school indicated.
, ___
SOClate Dea Vice Dean,
SIGNATURE
[Seal]
CJ:tI..L Iii , ~I
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I.
a. I am unsure of Mr. Coughl in's admission status to the Nevada Bar.
I.
h. The Dean recently received a telephone call from Mr. Coughlin's
father indicating Mr. Coughlin has a chemical dependency.
Kalbl Crary
Office of Admissions
The State Bar of CalifoTDia
180 Howard Street
San .'raDcisco, CA 94105-J639
Dear VIs Crary,
Oll J..liUary 28th, 2003. I w-as ~l.llled 0\ t:f for not wearing my :.eat bdl. i WlIS charged with driving
under the influence. I am writing 10 inform you and the Stale Bar ofCalifomia oflhis in compliance with
my C()~tirrum. duty to alert the bar of lIDy pendingjudicilll proceedings ."'.!so, I have been let go from my
position at Schuering. Zimmerman & Scully in lighl of my recent arrest and hope this letter complies with
my duty lO keep the bar infonned as to my employment history
Sincerely,
19
00 01
DO XOT DETACli
,/
......
AR.8.ESTl'iG AGE:";CY
fdoDy:1
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TRIAl. DISPOSrI'lOX.
SE~TE"IiCF~ "PPEAL. PR08.\.TIO:" REPORT ~"'D q:RTIFI ED COPY Of' CO:\\'JCTlO\;, IF A 'Y,
I.
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. 002
March 5I 2003
SI\Ml,j\.l Il\o.:SON
. ' .. ( I",,,
Zachary B Coughlin
2104 Madera Rd
Sacramento CA 95825
~D''''M,,,,,,,,
SSN:
295-86-4380
RE:
Incomplete Investigation
C'
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SG,J{;!I 1\10
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r. MIJRPHY
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Kathy crar;o
Moral Character Analyst
(415) 538-2593
Enclosures
ou
Ul
.
that I had sm
._
,g w en was pulled o\'er for haVlllg my seat belt unfastened. I must admll
~ked manJuana In the weeks preceding my arrest, r often wore the same sweater J was
wearing the rught I was arrested. I would weTe it almost nightly to avoid turning on the heal in my
apartment. .~e officer must have smelled marijuana on wat sweater from nights when I had previously
smoked manJuana. I would smoke marijuana sparingly OD nights after work when my chtonic midthoracic and cervical pain would be unusually bad. This would help me sleep and ease the pain. I have
since started a chiropractic and physical theraI'}' regime that also includes yoga I feci remarkably better
I have been aware, through news reports, thaI marijuana is currently being prescribed to treat
chronic back and neck pain. Further, I never intended to use marijuana for pain for any longer than it
would take for my medical insurance benefits to become active, at which ume I could afford proper
treatment. 1 now have health insurance. I had been in the process of scheduling appointments with
chiropractors, physical therapists, and pain management physicians at the time of this cbarge.
I started drinking alcohol in my early twenties and have never been more than a socia.I drinker.
Further my drug use has been confined to my recent use of marijuana for lreating chronic back and neck
pain, While I had a prescription on file for hydrocodone at the time, I have since discontinu~ use .o f this
pain killer as it makes my stomach nauseoUS. I del,est ~gs and am ~ relieved that my chroroc pam has
subsided and that I have found natural measures WIth which 10 treat It
I have definitely been frightened by this experience and will never use ma.rijuana again. , I am
fr
f th chronic back and neck pain thai plagued roe. Thanks to the Incredible chiropraClic
now ee 0 haC rece.v-d in addition to phvsical therapy and yoga, I can get througb my daily life without
treatment 1 ve
I .. ,
.
,
_
,_
t pain. I feellhal I have a new lease on life. 1 have not been referred to any
expenencmg Slgnifi~ drug or alcohol abuse, nor am I cumnUy enrolled in treaunent. I feel absolutely
treatment programs or "uana Indeed, I abhor the mental and physica1 toll it takes on one's body.
no desire to lake any ~OO3 arrest has recenUy been ruled on. 1 pled guilty 10 Section 2310 I of tbe
.
.MY l~uruy 'This is a reckless driving charge, also known as a "Dry Recldess." This is a
California Vehicle
charge that carries with it no probation. I am including with this lener a
non~a1oohol or drug re.a
Order indicating the final disposition of my charge. Lastly, I have moved
certified copy of the Minut~ melown, to be near my mother, father, grandparents, and siblings at a time
back to Reno, ,Nevada. my ~nce temporarily. However, it is my strong desire to practice law 111
when my fanuly needs my P.di g th~re and vt(}' much wish 10 be practicing law in such a fine Slate.
California and I plan on resl n
Sincerely,
ax:eied
Zachary B. Coughlin
(I
..
FAX I'().
ARR~ST REPORT
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.A.S. Admonition: I am requcstlng Ihat you lake I preliminary alcohol se:reenlng tesllo lurther assist me In determining Whether you are under the
,Uuenee 01 alcohol. You may re luse 10 lake Ihls lest ; however, th is Is nol an Implied consen t tesl and II arrested, you will be r equired to give a
Impie 01 your blood, brea th, or urine lor the purpo se 0 1 determining the aclual alcoholiC and drug conlent 01 your blood.
E A80VE ST"TEWEHl WAS RE./IO TO THE SUB.ECT BY:
J HI"
AAAESfWoIG 0f"lCEfI
OIl
IIIlQ.TH ~ .rOCNoTH
CUlON OF 1$1
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CHc:MICAL TEST INFORMATION
mpItd
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RESl,l.lS IF "VI>A.N!JI..E.
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WVlUTHl OFJlC(1'I
TROMBETTA ADVISEMENT
, , . _ .;r~ th tesllng equipment does NOT retain any bre.1th sample lor later analysis by you or anyone else
. " you Wilnt a sample retained, you may provide a blood 01" urine sample that will 1)41 reta ined at no co.t to you, " you do so, the blood or urine
sam pl e may be lested lor alcoholic or drug conten t by clther party In I criminal pro secution,
NO
N/A
, 00 you wishlD ptovlde an additional sample?
DYES
,
PROBABLE CAUSE DECLARATION FOR IN CUSTODY DETAINEES
(DO NOT AITACH BOOKING SUMMARY TO ADU LT DETAINEE)
"AM"
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I oeeIaffl UlO above I'Iamed person l\n been anestecl and i$ del..ned in Ihe Sact8meOlO Co.JnIy .(2JJai1 [
facls below wf'liC:h establish ptOOabIo au" 10 Clelain IhI s individual. (Print In bIa" Ink ; circle
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EVlOENCE fSTABUSH ING THAT THE ~RESTEO PERSON COMMITTED THE CRINe
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TIME
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9250
13299
88855RS
LO CA TION: Thi s evaluation was conducted althc Sacramento County Jai l booking
and receivi ng area.
WITl\'ESSES: Officer A. Escatel #14344 was present during thi s evaluation.
1 EAT H AL CO HO L TEST: Officer George obtained a BAC. reading of .000% at
2307 hours. This reading was obtained using a preliminary alcohol screeni ng device
(lntoximetcr Inc .. Alcoscnsor IV #8550).
OTLF ICA TION & INTERVI EW OF A RREST ING OFFICE R: On view.
INITIAL OBSE R VAT IONS OF SUS PECT: Upon con tact wi th the subject at the
Sacramento County Jail, I noticed his eyes were bloodshot an d watery and pupils were
slightly dilated. The subjecl' s fa ce was fl ushed. T he subject' s c lothing smell ed strongly
of fres hl y burnt marijuana.
MEDICA L PR OBLEMS AND TREA TME T: The subject Slated he has chronic back
pain and takes Lortab (10 mg) twice daily.
PSYCH O PHYS ICAL T EST S:
ROMBE RGIll\TTERNAL C LOC K: The subj ect swayed in all directions
approxi mately 2 inches from center. He had an mtered sense of time estimating
30 seconds in 33 seconds.
l VALK AND T URN: O n the first set of nine steps, the subject walked with
floppy feet. The subj ect pi voted on lhe heel s of bOlh feet on the tum around . He
walked in a crooked manner stepping off line o n #3 on the return set of nine steps.
ONE LEG STAND: Wil6. right foot raised . the subject swayed in all
d irec tion s. Wi th his le ft ~t raised, the subject swayed in all direction s.
-::::;
F INGE R TO NOSE: The subj ect was unable to touch his fingertip to the lip of
hi s nose on six of six attempts.
EYES: The subject's eyes were bloodshot and watery. Ius pupi ls were d ilated in
all types of lighting conditions and were slow to react to li ght stimu li.
1'IW'AJUi,R'S I'IMfII
t o. N\1lI(lIDI.
leffGeorge
t 3299
om
FAX 1'lJ.
77582661137
P1G
STATE OF q.LlFORNlA
NAR'RATIVE/SUPPLEMENTAL
DATE OF INCIDENT
TIME
0 112312003
2230
PAGE .3 OF.4
NCICN UM8ER
OF'*FICEH 1.0.
9250
013299
NUMBER
2
3 ROMBERGnNTERNAL CLOCK: The subject swayed in all directions approximately 3 inches
5
6 ONE LEG STAND: The subject teetered in all directions and raised his anms from his sides on
a
9 FtNGER COUNT: The subject counted 1,2 ,3,4,5 1,2,3,4,5 on all three repet~ions ,
10
11 FtRST OBSERVATIONS: I was driving a marked CHP unit northbound on H owe Avenue at
12 Cottage Way. At this time, I observed a vehicle slopped at the limit line for a red traffic signal on
13 Cottage Way wesl bound al Howe Avenue. As I passed the subjecl vehicle, I noticed Ihat the
1A
driver was not wearing his seatbelt as requ ired by section 2731S(d) VC. I passed the subjecl
. ,j
vehicle, initiated a Ulum and proceeded back southbound on Howe Avenue toward Cottage Way.
16 As I reached Cottage Way, the signal light for southbound Howe Avenue cycled to red. The
17 subject vehicle made a left tum from Cottage Way and proceeded sou thbound on Howe Avenue
18 with the driver still not wearing his seatbelt. I positioned my patrol unit directly behind the subject
19 vehicle and activated the front red lights. The subject vehicle made a right tum onto Wyda Way
20 and stopped,
21
22
23 OBSERVATIONS AFTER STOP: I made a left side approach on the subject vehicle and
24 contacted the solo occupanVdriver through the open left front window. Immediately, I could smell
25 a strong odor of freshly burnt marijuana inside the vehicle. I asked the driver for his driver's
..
26 license, registration and proof of insurance. The driver handed me his Nevada driver's license
27 that identified him as Zachary Barker Coughlin. At this time , I nottced Coughlin's eyes were
28 bloodshot and watery. I asked Coughlin to exit the vehicle and directed him to an area near the
Pl'lePAAEb
6Y
1.0. NVMt:lt:tI
DAti!
013299
011231200..1
DAT
FAX t-O.
77582661137
P17
ST AIE OF CJ\LIFORNIA
~Nf,A~RfRgA?TI~V~BfrS~U~P~P~L~E~M~E~N~T~A~L~____ow~~~a-__--r
PAGE' OF4
DATE OF INCIOENT
TIM E
NCIC NUMBER
OFFICER t.D.
01123/2003
2230
9250
013299
NUM BER
1 right side of my patrol un~. As he walked, I noticed he was unsteady on his feet. I had
a brief
2 conversation with Coughlin. As he spoke, I could smell a strong odor of burnt marijuana about his
3 person and on his breath. Based on my trai ning and expe rience as a certJfied Drug Recognition
4 Evaluator. I began to suspect Coughlin may be under the inlluence of drugs. I administered a
5 se ries of field sobriety tests to Coughlin. He was unable to perlorm the tests as demonstrated or
6 explained. Based on his driving, his objective symptoms of drug uselinfluence, and the field
7 sobriety tests, I formed the opinion that Coughlin was under the influence of drugs and unable to
10
t I ARREST: I arresled Coughlin for a violation of section 23 t52 (a) VC (Misdemeanor DUI). I
12 transported Coughlin to too Sacramento County Jail where I performed a complete ORE
13 evaluation. Upon the conclusion of my evaluation, I formed the opinion that Coughlin was under
1,4 the influence of Cannabis and unable to safely operate a morot vehic!G . I explained section 23612
VC (Implied Consent) to Coughlin. He chose and submi1ted to a urine test. I collected a urine
16 sample at 2350 hours. Coughlin was then booked into the Sacramento County Jail on a chargo of
; J.GEORGE I O FFICER
tD. NUMBER
01 3299
bATE
0112312003
DATI::
FR01
FAX f'I).
7758266107
4
9250
13299
88855RS
VITAL SIGNS: The subject's pulse was elevated each time J checked it. Hi s
blood pressure was within the nonna! range.
SIGNS OF INGESTION: 1he subjec t' s tongue was coated wi th a pastY green film. Hi s
breath smelled strongly of freshly bumt marijuana
SUSPECTS STATEMENTS, None .
DRE OPINION: Based On the objective symptoms of drug use/intoxication, the
psychophysical tests, and clinical indicators, I fonned the opinion that the subject is under
the influence of Cannabis and unable to safely operate a motor vehicle.
TOXICOWGICAL SAMPLE, The subject provided a urine sample to be tested for
drug content
MISCELLANEOUS : None .
. ,;.
->'!.
W~
13199
P2e
FAX NO.
7758266 107
P2 1
, JAN SCULly
"""'" '''''''"''
SACRAMENTO COUNTY
0112912003
CALIFORNIA HWY PATROL-NORTH
5109 Tyler S_,
Sacramento. CA 9584 1
LAB NO:
AGENCY NO:
OFFICER:
nADGE NO:
03-00938-001
NHP-RS-088855
GEORGE
13299
I certify, under penalty of perjury, Under the laws of the Slate of California, that this analysis was performed
during the regular coW'Se of my duties. and is a true and correct report of the results oftbat analysis.
I further certify that I am qualifioo to JX:tform this analysis pursuant to Title 17 of the California Code of
Regulations, and the equipment used in arriving at the results was in proper working order at the time the
analysis was perfonned .
1 fwther certify that I am the maker of this document and that my signature has been affixed by meaus ofan
eloctronic devi ce.
(9 16) 874-9240
FRO'1 : VSl=Lartsoft-V
FAX tel.
UutlU ~ada
7758266 107
SACRAMENTO COUNTY
TOXlCOLOGY REPORT
On January 24, 2003, the Sacramento County Laboratory of Forensic Services receivod one urine sample.
~ULTS
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SACRAMENTO COUNTY
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TOXICOLOGY REPORT
Or. January 24, 2003, the Sacramento County Laboratory of Forensic Services received one urine sample.
RESL"LTS
The
~oilowmg
The folloWIng were not detected: methamphetamine, MDMA, benzoylecgonine, phencyclidine, morphine,
benzodiazepines. barbirurates and other basic drugs.
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The' State Bar of Califoroi a
180 HOW"ard Street
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OFFICE OF ADMISSIONS
180 HOWARD STREET. SAN "ANCIS C O . CA LIFORNI A "10,./639 '<I,)
S,"-"1L'EL l JACKSON
CJ.~ "
S.N~"'~nlO
t:DWAROC STARK
"iH-ChtJ"
Sa~'n M"",~o
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J DECASTRO
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JOHN L. DODD
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SEV::iU' JE ... N GASSNER
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You have the Committee's genuine gratitude for assistance in this task of
mutual interest.
Sincerely,
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DEAN
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Kathy"Crary
e .. RBIHtJ Moral Character Analyst
u."',~{J"OI"
(415) 538-2593
..
Enclosures
EXHIBIT
I~
September 4, 2003
JACI<SON
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C )L:GfI. t , to
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1044 W 1" St
Reno NV 89509
SSN:
295-86-4380
Incomplete Moral Character application
RE:
J HO ' ;",,' 10
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Sincerely,
L.l--j.< .t
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Kathy Crary
Moral Character Analyst
(415) 538-2593
Enclosures
address changes:
;;,'l
,
(775) S2 1-706S
ZaobCougblio@bo.OOOl
lobs. K.a!hy C'"'Y.
Si.neerely.
Zac:h Cvt.ghllI!
-.
ZlchCOUghlin
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Jerome Fishkin
ATTOR.~,Y
AT LAW
p,,",ON1;:: +IS_40,P)00
PAX: <41s.7811190
October 3. 2003
KATHV CnARv
Moral Cnarocter Analyst
COl'TY\"Iittee of Bar Examiners
State Bor of California
180 Howard Street
fax 538.2304
lhis win confirm thot I represent Zachary Coughlin In the maHer of his California Bor
application.
---
April 22,2004
Jerome Fishkin
169 Pine St #627
San Francisco CA 94104
JONNL DODD
RE:
Zachary Coughlin
HtIlIIbIpxs BNCh
,,""""lIE C HENDERSON
$.tr:~......."",
ANDREW J HOPWOOD
s.,..'" F~ Spring.
JAME5 B. HUSSEY
HYACtNTH LEUS
DAVIDA LOW
IAN MA1.KENHORST
H"",,"Zf<HI
s.-c~h
Ast4E :'"HEEHAN
"',101<"
M VOULOBOS
LDsUlpia
lEE H. WALLALH
UIJ ~ ..zda
ZACHARY WF"HSLER
LoJAllpa
..,mE. .
8 WElN8ERG
sp Fruci.c(!
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25~
May 4,2004
.s..F,.,ft<U>
~I.DECASTRO
,......... a...ir
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Jerome Fishkin
369 Pine St #627
San Francisco CA 94 104
DEAN E. DEl-.",'1S
L.n.A.I...
IOHNLOOOO
RE:
Zachary Coughlin
WiIITNIE. C HENDERSON
ANDREW J HOPWOOD
s...... F. Sp""V
JA."i"!, f) Hl SSEY
MY ACTNTH 1.OS
DAVIDA LOW
.$ou-r"",...",
'IJVlAN MAl..KNHORST
HII1I 4ttPM&=1t
ANNl' [ SHEEHAN
LEE H. WA1.LACH
ZACHARy WECHS1.R
1m AIlXOtln
_
. . . . B WEIl'JBERO
~o-~."1
Kathy Crary
Moral Character Analyst
(415) 5~82593
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ChrislilUl..'I(!'n. Esq.
lhis it> h' \""nfimll)ur phone coO\~til.1::; rt'e,'1Uding. Mr. Coughlin. He hl1S been under
ID~
'are at this office sin...-e 4-2-02 aM continues to rccc:ne outpatient psychotberap)' for
his diagnt.)s~ Aojustrul:'nt Reru:tlo,)o lDS~U\' Diagno.<;tk Code 309.9). We. bs,'c m<:1 for ft
Illl1tll.)r t'I
scssiou:\ thus far. including a Mental StDtus E.xamiMtion and an Initinl Clinic.'\!
IS compliant \\ith Iherap} and appears to be! deriving some bene.fit from
lnlM\'iew. He
IMrn:\o,.~o;..".
AdjU!\u~c.~t R~~tion is
functioning is ex.cellent
I tltNngly ~Iit'\'e that fo,lr. Coughlin is fit for th(' proctice ofls.w He hIlS nu moral or
cha.ractemlogicn.l shortcomin&. no A.'\ts I or IT psychistr1c or psychological disorocr other
thun Adj ustment Reaction, and he js eager to llSSume his rightful place befo~ the Rat_
Despite the ob.,;ous lapSe iujudgment e,;tknt in some orhis f\..'CC1\t Actions, 'which I
attribute to strtSS, he shov.1i e.'i:cellent prt:-morbid adjusuneot and displays no sign of
imrainnent. Feel free 1\.1 contact this office if further infunnstion would be useful.
Sincereh-.
;?S~tf;
'lL,
LH Vltg... NV 88104
702 382-2200
800-25'.2197
h l( 7023852871
1325 Ai r",otiv(l Way.
S .. ill! 110
Fltl(\(). NV 89S02
77!i-3 29 4 100
F<l )( 7753290522
www.nvbar.org
K;HhyCrary
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VIncent A. Cons .. 1
VlGAS
With regard to your rt:qucst for <111 update oflhe above n:l.mM appl icant, it
appears that Me. Coughlin's Nevadi! C:ldmission LS still defeno;;d. He was
eligib le 10 n:-apply for uumission in October of 2003. However, hc has yet to
do so.
The Director of AJmissiolls, Patrice Eichman, Esq., spoke with the applicant's
attorney, Michael Sanft on Jaflllary 11, 2004 and explained that the ;'Ipplica.nl
needed to subm1l" rcquel\t for admis!>lOn tD The Ch,lf<lcte! and fitness
Committee for their review She reitcr::ld to M:" S.!nft that 11 woul d benefit
the applicant 10 supply reports [rom h1~ ,;'" :::d,:{ :mJ, due to hIS January
2003 ;,trrcst lor D,U,J.. provHle proof ot hif> 'lltC . ,IJ.llC~ ill AA meetings.
1n March of2004 the applicant sent:\I1 email to Ms. Eichman req\,esting
infol111."lioll on IllS SI.llllS. She g(lve him iI. run-down of what she had
previollsly explained to his atloI1lCY. She :J.sked the apphC;,lnt to adv ise oi"his
decision in the matter and to verify whether or not he was still represented by
O te&CZ-
Admissions Investigator
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Ma y 27,2004
PERSONAL AND COt'W1DO--IT1AL
'NATlIM"L WOU'f
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:lEAN E or:>;",'I!>
Jerome Fishkin
369 Pine SI #627
San Francisco CA 941 04
to - ,4,"FIn
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'-SO ltSON
iC WOOD
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to:.
DAV: -
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Dear Mr Fishkin:
After reviewing your client' s Application for Determination of Moral
Character, I have determined that further review by the Subcommittee on
Moral Character of the Committee of Bar Examiners will be necessary due
to your client's 2001 arrest for resisting arrest, evading a police officer and
obstructing a police officer, disciplinary history at the University of
Nevada's Boyd School of Law, and the 2003 conviction for reckless drlvjng.
J.Ow
~"'IO
L\." MA1Jt.~HOR.S'"1
".,,1iqOo" &.::I.
~E
Zachary Coughlin
Mu
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Ii. SIIECHA.'O
Sur_~I~
.F..';H. WAL.!.ALlI
u,.A .. pId
LAtliAilY \\"ECHSUR
UuA .. ~ln
MATTHEWB WElS'BERO
s.- FrTI~cu'"
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cerely,
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Zachary B. Coughlin
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Agent
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MARK J. DECASTRO
V;a-CNJir
SallJo.c
DEAN E- DENNIS
u..A~~/Q
JOHN L DODD
BEVEfU. Y lEAS GASSNER
GALALs'GOUOH.M.D
Hwft"~'0tI8ttJch
WliITNIl-.'- HENDERSON
AS!lP>N ! HOPWOOD
So ..... Fe Sp,,~gJ
JAMES B HUSSEY
IITAI INTH LEUS
Los ,01"",/."
OAVIDA. LOW
I, 'A..."I \!-1J(..ENHORST
L.EE!I WALLAClf
1M Aftr<'/a
l,ACHAAV WECHS!.ER.
LoIA_geln
"'ATTHEW Ii WEINBERG
30M F,..ciJttJ
OIfaofMooirJio,oI. S4f
lOOME BRAUN
~ Adolinlo~'
While this will be an informal conference, it will be tape recorded and your
client may be represented by counsel. The Committee's counsel and staff
involved in processing applications may observe the conference. but will not
participate, ,Your client client can receive a copy of the tape recording if he
makes a wntten request.
Ple~se understand that there is no requir~ment t,hat your client participate in
an Informal conference, The SubcommIttee WIll draw no inferences if he
chooses to decline. It is extending this invitation in the hope Ihat an informal
conference Will enable a SWift complellon 10 the processing of his application.
QAYU: E- MURPHY
'33
.100 I
Please lelthis office know whether or not your client accepts the subcommittee's invitation
by returning the enclosed form on or before June 28, 2004. If your client needs to
reschedule his. informal conference for a later date, please notify us o~ the form, an.d we
will schedule hIs conference for the next date conferences will be held on San FranCISco.
It is the Subcommittee's policy to permit an applicant to postpone his or her informal
conference for no more than 90 days from the date of the first scheduled conference. If
an apphcant does not attend a conference in that time period, the SubcommIttee may
make a determination based on the information before it.
If, after agreeing to a date for your client's informal conference, he finds that he needs to
postpone it, please notify us as soon as possible. It is the subcommittee's policy to permIt
an apphcant to reschedule a previously agreed upon informal conference only If the
request is received more than five (5) days prior to the date of the scheduled conference.
If an applicant fails to make his or her request more than five (5) days prior to the
scheduled ~onference, the Subcommittee may deny the request and may make a
determination based on the information before it.
Please note that your client's informal conference will be held at the offices of the State Bar
of Califomia at 180 Howard Street (cross st reet - Mai n), in San Francisco. Please sign
in with the Reception and Security personnel on the ground floor Lobby. In accordance
with the security procedures of the State Bar of California, all applicants and any counsel
accompanying them to informal conferences art ,lJbject to a metal detector search to
ensure that no weapons are present.
Don't forget that the Rules Regulating Admission to Practice Law in California require that
your client keep his application for admission up-to-date by advising this office whenever
there is a change to information previously furnished. A co py of Rule X is enclosed for his
convenience.
If you have any questions, please feel free to contact this office.
Sincerely,
D~uJwson
Enclosures
Subcommittee on Moral Character
NAME:
Date
Signature
Fox5S23OoI
. . . . . , _ . ,. . . . 4110
P ,
MARl( J. OECASTRO
V.... C...."
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s..~J
DEAN E. DENNIS
i.<>JA..,.to
JOHN L DODD
Tw(;~
Re:
AN:)R.EW J. HOPWOOD
SuooFtSpnllp
JAMESO. HUSSEY
s:.~ P~f"(J
HYACINTHLEUS
i.<>JA..,.lo
DAVIDA. LOW
VlVJAN MAt.K.a.""HORST
II"~(;"~",, 8nl<h
II.PQo:E E. SHEEHAN
PA1RJ<lA M. V!LlALOBOS
i.<>J ,l.",lu
LEE H WAlLACH
W,l.",1u
u.nu.JlY WECHSLER.
WA.a
Si'f~Y'
P;jr))~)daw';:;:::;;/(I.;'son
Debra
Director, Moral Character Determinations
MATTHEWS. WEINBERG
..
.... - ....
wr _ . _
1781 -7290
Jerome Fishkin
ArrU\~NFYATu..W
PHON!::: 41$.43.1300
FAX: ~1~7Ih7Z90
jeromc@FisbkinLaw.com
July 2. 2004
'he influence._ .. Tne acfual conviction was 0 ' Dry Reckless, non-olco hol re lated"
Jnder Col Veh C 23103; see enclosed m inute order.
"e
__ ......
.....
DEF
CASE
XREF
3914133
03TOOSl3; MtJN'I
0'/27/1976
BOND It:
STATUS: 9536
DEfENSE:
TYPE:
50l':':IIS1 VIOLP.TED :
{ eT 11
01 23/:!003
VC
231S2 (Al
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COUllty 01 S(l.~r ,. ~I;iO
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~s EXCEPT OUTSTMm ING WARRANTS ON TOP Of THIS
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Re:
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,r::A6
y our d~r.rs alcohol abuse probI-etr: rr~s! toe ::-or_~.yed t, a ,:o;..a:._~al ~.:.
from the LAP dunng ttle abe~"'3nc:e penoa- 't~'T c,e:",~ ::~: ~ a "\Va.''e7
of Con.fidentlalrty and. Reiease of Intoc'r..atxlr. !C' ;A......,.le ~t t"::r.:". t"le
LAP to report the e.... .aluation and flnd~~ :0 ~e C-."C..:...-;~ as reo..:rec tw
the aoeyance stipulahon.
JOHI''' ICDIJO<:C
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CII~nt ugrt~o~ to (hl~ abtlvnn\.~~' 'll11'\lhIUOn, \1\\1 j\~\I\I\\ Il\w\\ \hu \ 1\\' whu \N\\\ InfU\\\f.f
S ecovt.ry will submit rtlPQ11::; dUfll'\lll", :lhl\Vill\~H P\l110(\ ttl \h\1 n\()Htl (.hann.:.\f,r "l"'\a\~M
who .wllI be monltonn~l hiS abuytlnc,u -1 ht,) mUI,I\ t~h,\t1'chH \. \1\1\\)'\1\ (I~~\Onf)d \0 )'OU1 c\\en\'!\
dt.~,ldhnt.' d~'h)s
ttl! tho
abeyance stipulation
H\pOlt~,
whon
no
rO\Ufn!'\ the
~\gned
~ailure to comply, with, the tenns 01 tho aboyanco stipul.,tion IS admissible In mora\
character proceedings In the State B~r COLIrt "ntllho Supreme Courl of California
. "l the event your client does not agree to this nbeyance stipulation, his applicatIOn Will be
'evlewed by the Committee for a further deCision which could result in denial of admission
If) practice law in California . If the Committee denies your client's Application for
Determination of Moral Character, pursunnt to Rule X, Section 5 of the Rules , he may fil.
an application for a formal hearing before the State Bar COUIt with respc:t to whetll", hiS
application should be approved.
Please feel free to contact thi~ office, if you have ~ny furthe; q"eslions regarding (his
abeyance sllpulation or if I can be of any further assistance to your client.
Enclosures
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. .J non
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II lh.' \\ It fl. "h' "\'1 II' .\,. It "I II". I. . \ 'II'" ,1\1,." ",1\' wlU, 11 'I' 11\"1\ \\(\1\1\,,",\ 01 \hu I\P\"l\\CU1'I\,
lHIJf\ ' ., ,111 h'-I t - ' HIUh I.. ",1 l!lI' ". 1111\1" .... n l , nvh'wllll1 hi" !\\l\l\\l:l.\\km l or Do\onT\\nO\ion
t..1""1r 1 ""-"I~\ " 'I 111111,111, hI I'vi~h'nll' "I tt Inl\WIlIY 11 \H '1 tlh.:nhn\ n\)U$u
"'HI' 'III h I
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I
,\,
",.11",
hM' Y n .. , kpt (:",,"hlll,'. I Pl."
Y II nil' ,1 \nll101~ lbll!;10 will bu monitorod by an agent
n thta l ,.\\) "I M "\ ~11'tldl" I "ll\,' \ 1111 ("I 1\11"/ lnchaty Bnrkor Coughlin authorizes the
lV(I,
"
li1tl)n (\I lt'IIlillil) In till' I 1\\ oily d"d ,'\ I1H\lt1I1i1I ~~ ~uhlllllllld in connllctlon wllh the
\, Ifr..\tlOII I WllH'I.
h.u y "011 kur Cnllqhlln I\HI~l ~I\lr. . ,I "Wtllvor ot Confidentiality and
4ftr:~~I:tO ("t 1hlllll,IIII)O' til ;llll1w till' .Iqt'll t III rop('IIl 1Mtl uVlIluatlOn and findings to lhe
(dnf
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1\) 'l'W'V" 111(' ~llllltJd "IIPlll, ,lilll1 .lq.lIultlt'nl by Augusl 13, 2004 w,ll void the
(ipIII,,!!, III
.Ie 11111 YIll.. kll' Gtlll\)I'1I1\ .Illt,.,," III Ih" lll llll~ allhu llboY'lIlc(;! strpulallon as spec,fied
I\h~vmlCll ~)l'lIcy Iltt.H~htld ;\lU! IllnHpOIH\tld ,-1$ p;.ut of this stipulation. Failure to
,11\' With Hit' t"llIlt. tlf ttH' tb\I\'.lI ~"o :itlr'lAutlml l~ ~ldl11l~Slblo in moral character
(' ihll 11\ II,,) ~~t.,hl 1\.1\ l;\ullt illHI thl.! Sllpn-:IIl"lt..' Court of Calilornia .
",-,t
t
nn ,I.""""",. 1'J , :.!Oi)!), th'J ( :(I;l li11Itl,lll !.hnll l O~lln lfl Its Inquiry and complete the same
(n """,:;:\1 t to tilt''' 111111' hlTlIb I \lPI.IO. 111111 1~,lIl .1 X 01 tho Fit/Jut; RtJQuldting Adrnission 10 Practice
i trw ill (,"."'Utlll,)
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enclosed please find the Signed abeyance agreement far Zachary Coughlin .
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I, .. ,,1, ,I.;d Inip with thl.l ;1PPfl,..... d III thl.l CQlllrniltce
with Ihe agreement of tr;e 3PpiloC31'1.t
"c:huql fltH".,:- COll{)hlln. f"r In,) (ll.q:;:l:"1 ot n3Vle\\inQ his Application for Oetermll1ation
f 1\4,.",1 Ch:Il.wli" ttl ont, ,to evallldlC3 hi; Teeo'ief), lrom <:llcOhol abuse.
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lrol11lltl't Lnwyor ..
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sign a Wai..er of Confldentia' ar;:l
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agreemp.nt b-y August 13. 200.$ .....;U void tl'le
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and Incorr;or-<lted as Pi:lrt of this stl?ula :,;y1 Fall.:'"e to
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I';' a.jrn:ssibte rn moral charscter
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Jerome Fishkin
ATIORNEY AT LAw
PHONE: 415.43.130
FAX: 415.78I.7290
Jerome@FishkinLaw .com
January 12, 2005
Fox 536.2304
EXHIBIT
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EXHIBIT A
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Zachary B. Coughlin
has made appfication for registration and has complied with af! of the requirements of Jaw and the rules of
the UrTited States Patent and Trademark Office for registration on the 2nd day of May 2003. Now,
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therefore, the Director of tl/e United States Patent and Trademark Office, pursuant to the authority
conferred by statute, does hereby license the above-named applicant as an
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to practice before the United Slates Patent and rrademark Office in Patent Cases.
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UNIUO STATES
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1!Ij!'" PATENT AND
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G.neral Coo"",!
WashingTon, DC 20231
_.usplo.gov
May 6, 2003
Zachary B. Coughlin
1044 W 1st Street
Reno, NY 89503
Congraruiations. Your application for registration to practice in patent cases before the
U.S. Patent and Trademark Office has been given final approval. Your date of
registration is 2nd day of May 2003.
Enclosed is your reglstration certificate. Vou may now properly hold yourself out as
registered patent Agent. Your registration Dwnber is 53,905.
II
All pape~ filed by you in the U.S. Patent and Trademark Office should include your
registration number under your signature. Because your registration is now approved, do
Dot use the ideotirying provisional leHer "loP before your ree;isfTation number in
future communications to the Office.
Your name and address will appear in the roster of anomeys and agents as shown above.
Please review the above address for accuracy. Please note, at the present time, our
database wjlJ not carry the last four numbers of nine-digit zip codes. Any changes or
corrections must be brought to the attention of Box OED, U.S. Patent and Trademark
Office, P.O. Box 2327, Arlington, VA 22202.2327, Attn; LouWilda Turner (703.306.
4097). Failure to keep your address current could result in your name being removed
&om the register. 37CFR 10.11(b).
Shirley A. Brown
Paralegal SpeciaJist
Office of Enroll men I and Discipline
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IN RE: APPLICATION OF
ZACHARY B. COUGHLIN
FOR ADMISSIONS TO THE PRACTICE
OFLAWlNTHESTATEOFNEVADA
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Case No.
11-------------------)
RECOMMENDATION AND CONSENT AGREEMENT
After a fonnal hearing conducted by the Committee on Moral Characler and Fitness, the Nevada
Board of BlIT Exammers ("Board"), by and through Michael Rowe, Esq., Chair of the Committee on
Moral Chancier and Fitness ("Committee") submits this Rewrrunendation and Consent Agreement
("Agreement") to the Court relating 10 the application of ZACHARY B. COUGHLIN ("COUGHLIN")
J3
RECOMMENDATION
is
It is the recommendation of the Committee on Mon.1 Character and Fitness that COUGHLIN" be
admined to the Nevada Bar; provided. however, said admissIOn shall be conditioned on and subject to
J1
the lenns and condItions of probation as sel for1h in this Agreement. The probationary period shall be
monitored by and IhrOUgh the office of Bar Counsel of the Stale Bar of Nevada, and any alleged
J8
violation of this Agrernlent and/or me tenns and conditions of Probation shall be brought before the
!9
20
21
CONSENT AGREEMENT
22
COUGHLJN hereby agrees and consents to his conditional admission to practice law in the State
23
of Nevada conditioned on and subject to the following tenns and CQnditions of probation. The period of
"
"
probation shall be for a period of three (3) years from the date of the coun order admitting applicant or
such olher time as the Supreme Court may order.
IOUli
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period, the absence of any disciplinary action by Bar COWlSe~ and full compliance with the conditions
r~
2
set forth below. and upon wrinen application by COUGHLIN and the filing of a Supplemental
Recommendation by the Committee, COUGHLIN shall be eligible for unconditional admission to the
I.
treatment deemed necessary and recommended by the psychologist, and to provide the Board of Bar
(.)
,
10
(b)
(0)
attend at least one AA meeting per week and verify his anendance in a Cl,uarterly
attend meetings with Lawyers Concerned for Lawyers and verify his attendance in a
"
]6
submit a signed release allowing the State Bar of Nevada access to any counseling
records;
JJ
14
continue his counseling with Or. Oliver Ocskay. Ph.D., and abide by any course of
"
12
(0)
submit quanerly sworn statements 10 the Offiee of Bar Counsel during the probationary
period attesting to his compliance with the conditions set forth. in this agreement;
(0
J1
abide by Nevada Supreme Court Rules and the Rules of Professional Conduct of the State
IB
Bat of Nevada
]9
2.
20
in the Agreemmt, and the costs thereof shall be paid by COUGHLIN before lenni nation of the
21
probationary period.
22
3.
2J
brought before the Hearing Panel by Bar Counsel. Upon ten (10) days wrinen Notice to COUGHLIN,
24
the Panel may convene to detennine if II violation of probation has occurred and what action, if any,
25
should be taken.
The Offiee of the Bar Counsel of the State Bar of Nevada shall monitor the conditions set forth
Any alleged violation. however de minimis, ofthe terms and conditions of probation may be
~Ul~/Ulti
If the Hearing Panel determines that the alleged violation(s) is not proved, no further action will
2
be: taken. if the Hearing Panel finds that a violation oftrus Agreement occurred, it may rcconunend to
the Supreme COW1 revocation of the conditional license. If the Hearing Panel determines that the
violation docs not rise to the level of revocation, it may recommend to the Supreme Court the extension
,
,
Any grievances filed with the office of Bar Counsel of the State Bar of Nevada against
COUGHLIN during the probationary period shall be submined to a screening panel of the Southern or
Northern Nevada Disciplinary Board. If the disciplinilI}' screening panel recommends anything other
I.
than dismissal. such findings shaH be submitted to the Hearing Panel. The Hearing Panel may. upon len
"
(10) days written notice to COUGHUN, convene a hearing to detennine the impaGt oflhese findings on
COUGHLll'I's probation. Based upon the existence of a finding of anything other than dismissal, the
12
Hearing Panel may reconunend revocation of the probationary license. If the Hearing Panel detcnnines
13
14
Supreme Court the cxtension or imposition of such additional terms of probation as it deems
"
appropriate.
I~el
16
COUGHLIN' further releases and authorizes the Office of Bar Counsel of the State Bar of
17
Nevada, to provide the Hearing Panel with a copy of any grievances filed against him during the period
18
of probation. The Hearing Panel may, upon ten (10) days written notice to COUGHLll'I, COnvene a
"
20
existence of a grievance which the Hearing Panel deems to be an ethical violation of the Supreme Court
2J
Rules of professional conduct, the Hearing Panel may recommend revocation of the probationary
22
license. If the Hearing Panel determines that the violation does not rise to the level of revocation. the
23
Hearing Panel may recommend 10 the Supreme Court the extension or imposition of such addiLional
l4
"
3
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Although the Hearing Panel may consider any alleged new disciplinary grievances in terms of
2
3
4
,
6
whether to revoke the probation or to extend or modify the terms set forth therein, this decision is
independent of a separate Disciplinary Hearing Panel convened to consider what discipline, if any, is to
5.
During the period of probation, COUGHLIN continues to bear the burden of proof to establish
6.
lhe Court for ill extension of the period of probation with a final decision to be made by the Court.
If circumstances so warrant, the Office of the Bar Counsel andlor the Hearing Panel may petition
9
10
II
ACKNOWLF,DGMENT
I, Zachary B. Coughlin, bave read this Consent Agreement and fully understand its contents.
12
have sought the advice of an allomey or have freeJy waived the necessity of seeking such COWlse) prior
13
to executing this Agreement. I understand that this Asreem.ent will not become effective if the Nevada
14
Supreme Court overturns the reconunendation of the Conunittee. I hereby freely consent to the tenns
"
16
""?in
I~e~""g
17
"
(u"'~ ...b..r-
19
Respectfully submitted,
20
COMMmEE ON MORAL
~HARACTER AND FITNESS
21
6 '.
"
.,
23
Bar ID #1374
Law Offices of Rowe and Hales, LLP
1638 Esmeralda
Minden, Nevada 89423
24
25
,D 0 S
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EXHIBIT C
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3
4
5
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6
7
IN RE ADMISSION OF
ZACHARY B_ COUGHLJN TO PRAcnCE
LAW IN THE STATE OF NEVADA
)
)
REPORT OF THE
BOARD OF BAR EXAMlNERS AND THE
CHARACTER AND FITNESS COMMITTEE
10
II
12
13
14
J5
16
17
18
FiIDCSS,
I.
By Order dated December 18, 2002, this Court deferred the admission of ZACHARY B
19
COUGHLIN ("COUGHLIN") as an attorney and counselor allaw in all the couns of this state until
20
Octoher 01,2003, provided however, said deferral was conditioned on and subject to the fOllowing
21
22
Specifically. the tems and conditions of the deferral agreement required that COUGHLfl\l;
23
24
2S
(a) submit fo counseling by a licensed Ph.D. psychologist, with such counseling sessions to
OCcur at least monthly, or more frcquenUy if deemed appropriate by the psychologist, and to
abide by any Course oflreatment deemed necessary and recommended by the psychologist, and
26
27
28
(b) submit a signed release allowing the State Bar of Nevada actess to any counseling records;
(c) ,ubm;t qu.nedy 'Worn ""ement, to the Office ofB., Counsel during the pmbationary
1
II DI
Ul/ J /1111""
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period aUeSling to his compliance with the conditions set forth in this agreemeot;
2
3
(d) abide by the Nevada Supreme Court Rules and Rules of Professional Conduct of the State
Bar of Nevada.
4
5
The BOARD, having reviewed all of the evidence before it. now reports that COUGHLIN bas
successfully completed and fully complied with all of the teons and conditions of his deferral
agreement throughout the entirety of the deferral period. Although not a violation of his deferral
8
9
agreement, COUGlil.D'J disclosed to the Board that in January of2003, he was arrested for Driving
Und.er the lnfluence and on March 11 ,2003, he pled guilty 10 Reckless Drivmg. The Board reports
10
11
that COUGHLIN has submined evIdence of his regular aucndance al Alcoholics Anonymous (AA)
12
and Lawyers Concerned for Lawyers meetings. (See Exhibits #1-3). The Board also reports that on
13
May 2. 2003, COUGHLIN was admitted as an Agent to practice before the United States Patent and
14
Tnldemark Office. (See Exhibits #4 and #5). Tbe Board. therefore, finds that COUGHLIN should be
15
conditionally admitted to the State Bar of Nevada to allow the State Bar to continue to monitor his
16
psychological and alcohol counseling.
17
n.
18
19
The BOARD therefore recorrunends that COUGHLlN be admi.tted to the State Bar of Nevada.
20
condilioned on the terms of admission set forth in the Reconunendation and Consent Agreement attached
21
22
23
24
25
26
Reno, NY 89501
27
28
(775) 786-8000
IfjUUilUJO
2
J
4
CERT/F1CA TE OF MAILiNG
6
7
8
9
10
II
12
13
by m",ling a copy thereof, firs<-class mail, postage prepaid on the 20th day of December, 2004 .
14
IS
16
17
18
19
20
21
22
23
24
2S
26
27
28
I'
013
11 I l~
EXHIBIT D
775338 8118
Sincerely,
, [I
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HALE LANE
- - - - _ A T T O R H E Y S AT L A W - - - - 54~1 K"'~h
To:
Re:
Zach Cougblin
~veupe
J Sleph.cn Peek
Kiren 0 lX"nilon
Alex J Aanr.u
K<1Sli .. B McMillin
June's L Kelly
KIIllyTulolin
N_ f'1u-ict fla~glQ
Matlhnt E Waodb.. d
Mic:hI!lle D_ Mul1ins
RolC" W. Jeppson
uo;;;< C Earl
Jcrml)' J ,,"ork
David A Gareil
F...d D. Gibson. III
ElISSa F Cadish
So"",n
Re'Uy
c.llemg
;e,." '.1 ~nydcf
ElR1U C EckcnJey
~~J=rn:t R. Baudler
bmcll ,_
'.~ I
HI~ad
J(nuu:tr
Bnd M lohnslO~
Sl}"(-elC K ..... _',
P:>"I.lU n,,",1l
IlIWnl lones
Alui' ,_, MiclP.ud
,;.;.. . . !l,. Ry1n
D-:'a V :Jjihal1OVI
IW-, !-an. w
PaulillC "11..ft
AndJTW "c&d
Dear Sirs:
I am proud to recommend a close personal friend, 2ach Coughlin, as a member of the
Nevada Bar. I was asked to write as one who has functioned in the capacity of a
mentor or sponsor to 2ach, but I would first like to say a few words about him as a
student of recovery.
Zach is a highly intelligent, perceptive young man. J came to know him in March of
2003, and through a shared friend, was introduced to 2ach. 2ach requested that I
work with him in his recovery from alcohol abuse and in getting his life back on track.
2ach grew in learning, in character, in depth of understanding. ] personally witnessed
2ach attend 90 meetings of Alcoholics Anonymous in 90 days between March 2003
and July 2003. He was a regular at the 6:45 a.m. "Beginners AIe Winners" meeting
that meets each day of the week. At that time I don't think Zach appreciated fully the
seriousness of his situation, as he failed to gather signatures attesting to his attendance
at these meetings. He has since started collecting signatures at each meeting he
attends and his current collections numbers over one hundred signatures, each
signature representing a one hour meeting of Alcoholics Anonymous. Further, 1 am
aware that 2ach has checked out and listened to audio cassettes of over 200 speaker
meetings (one hour long personal narratives from A.A. member attesting to own story
and its courage strength and hope) from Reno's main office of Alcoholics
Anonymous.
2ach is constantly trying to better himself. He has taken great efforts to read the best
self help literature directed at the difficulties he is faced with, including many books
and handbooks on depression, attention deficit hyperactivity disorder, adult children
of alcoholics, chronic pain, relapse prevention, spirituality, and a large number of
other texts devoted to recovery and personal improvement.
I
i
He seeks truth in each and every area of his life, whether in learning, discussing
philosophy, or relating to his colleagues and fellow man. Because of his positive
disposition, his reflective way of operating, and all of the character traits that make
HALE LANE PEEK DENNISON AND HOWARD
LAS VEGAS OffiCE, 2300 Wesl Sahm Avenue:) Eigh!h floor) Box 8 ) Las Vegas. NeYJda 89102) Pbone (702) 222.2500) facsnniic (702) l"S.6940
CARSON CITY OfFICE- 777 Ea>l W,lham S~e! ) Suil~ 200) Carson Cily. N~v.da 89701 ) Phone (775) 684.6(00) facsimile (71S) 6846001
',_'JM A 'J'COOCS'.HLRNOI)OCS'I416792\1
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him so special, Zach's questions never go unanswered. and his searches always bring him to
exciting new discoveries. As a student of recovery, 2ach is outstanding. As a sponsor, I have
watched him grow, seen his understanding and abilities not only in the context of our weekly one
hour meetings (which have totaled to nearly 40 hours), but when interacting with the myriad
types ofpeopJe in our fellowship, as well.
Zach has done every single thing I have asked him to do in order to further his recovery. This
has included meeting on Saturday mornings for an hour each week to read recovery literature
enormous amount of self searching and personal bettemlenl, neither of which, from my
experience, comes without an enormous amount of individual effort, honesty, open-mindedness,
and willingness. 2ach has regularly attended the weekJy meetings of the State Bar of Nevada's
"Lawyers Concerned for Lawyers." Additionally, Zach has taken great effort and care to
perform amends for the wrong he has done. This has included caUing each and every party at the
Boyd School of Law whom he offended and apologizing with clarity and specificity for each of
his transgressions. He has attempted to make restitution for the movie theater incident and has
served to hours of community service (handling calls and preparing pamphlets at Reno's main
office of Alcoholics Anonymous) in atonement for his dry reckless driving conviction. Further,
2ach has performed a good deal. of community service in the form of making coffee for
Alcoholics Anonymous meetings, helping to set up and put away chairs at meetings, and lending
support to fellow AA's.
Certainly there is no question whatsoever that Zach has what illakes to make a fine attorney. He
passed three of the most difficult bar exams in the country in a malter of 15 months (the Nevada,
California, and Patent bar exams). He made the Dean's List several times while at the Boyd
School of Law and was a member of Boyd's law review, The Nevada Law Journal. 2ach
maintained a high g.p.a while eanling a B.S. in Biology during his time at the University of
Washington and the University of Nevada, Reno.
His work ethic is further demonstrated by his accomplishments as an athlete. 2ach was selected
as a 2 nd learn All-State basketball player in Nevada's large school division in both 1994 and
1995. He was AU-League three limes. In 1995 the Nevada-Appeal chose Zach as the large
school division Player of the Year for Northern Nevada High School Basketball. Zach was also
a National Merit Finalist and member of the National Honor Society in high school. In addition
Zach 1S an extremely accomplished musician who plays severa] instruments and has done much
composing.
Always, in his work, Zach is consistent, dedicated and passionate, enthusiastic, cheerful, and a
pleasure to work with. He has incredible creative energies and a refreshing idealism tempered
only enough to accomplish what needs to be done. I highly recommend him for any position of
work, leadership, education, or any other capacity in which he can spread his excitement and
share his talents with others. This most certainly includes being a member of the Nevada Bar.
Zach has already been a member of the Patent Bar for over a year.
OOM/l..IPCOOCS\HLRNOOOCS'l4I619:!11
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October 27> 2004
Page 3
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H .o,.LE LAN E
In my opinion, it is vitally important that we give people like Zach a chance. It would surely set
a very dispiriting example if a young man like Zach, whose infractions were relatively minor
(in~olving personality much more than principle), whose efforts at amelioration have been
legIon, and whose dedication alld tenacity throughout his academic career has been profound
were not given a chance. It has been three and a half years since Zach passed the 2001 Nevada
bar exam, and as such there has been more than enough time for Zach to learn from his mistakes.
And indeed, Zach has learned from his mistakes and made more than enough effort to grow
sufficiently enough to be worthy of a license to practice law. For me, this is nol a close call at
alL
Thank you once again for the opportunity to recommend such a special and impressive young
man.
Very truly yours,
~n~/-
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recovery, my c
er elects, cogrntive behavioral therapy. stress reduction, and various other
personal issues. I met with Robert HWlter, Ph.D. approximately 10 times in 2002, each meeting
consisting of a one-bour session of psychotherapy.
Thank you for your assistance and please let me know if I can be of help to you in any way.
Sincerely.
DJ C
UlIJJllUU\I Hli!
,~
EXHIBIT F
14:~U
IlAA
II,U
* ..
J EFFREY L CRAIN
JOHN B. H JLL
ALExANDER C. VOSt.E:R
JON M. WJ LLlFORD
NIKIS. B ATI
P. E ILERS
JAMES DEE GRAVES
J USTIN
BRYAN E. STANTON
December 13,2004
Re:
Detlr Sirs:
Zach worked under my supervision as legal researcher from March 2002 through June 2002_
My firm was practicing pro hac vice in Las Vegas on behalf of Sunrise Hospital and Co lumbia in
!lIe manerof Lewis v. Sunrise. His responsibili ties mcluded conducting research and motion writing,
..Ie checkmg, and doctlmenl reviews, in addition to some clerical duties. During the course of his
employment, 2ach proved himself to be an ab le employee, a hard worker, and a talented writer.
1 was qUlte unpressed by 2ach's abiilty to complete all work ass igned to h.im on lime, if not
before 11 was due. HIS research was always thorough and comprehensive, and his fact checking
lways accurate. We sometimes allow our legal assistants to do some writing, but Zach's talents
pron~pted us to assign him more pieces than the nDlm. HIS wri ling is clear, concise, and evocative.
Overall, Zach is a very consc ientious and able employee. 1 certainly believe he has what it
.. to make a wonderful attorney, as he possesses both the character and temperament necessary
blv perform this ro le. I strongly recommend 2ach for membership 10 the Nevada Bar.
Smcerely,
1BHids
03!'
Kadlic
\flUlY/UIO
17
3Z2-7511
p.2
JOliN J. KADLIC
"nOIlNH' A,"L"w
PU." On'lCl: llox 2417
R~o. Nliv"oA. R<:lSOS
TIiU!I'HONt'
(775) 322-7099
FA>
(775)322-7511
December 9. 2004
To Whom h May CODCcm:
I am writing this letter on behalf ofZacic Coughlin who j, seeking adrNnion to the State Bar of
Nevada.
In my case. 1 ba'Ve knoWn ZBck Coughlin (ot over fiftoell yean. Jfl$ fatbcr. lim Coughlia, as woU
being Our fmu1y pb)1ician, is the god&.tber and his wife is the godmother of my daughter. Blair who
t!> now fourteen ye.a:r& old.
1 have had .. chance to watch Zack through his high sebool )"eaTS aM his entering coDcgc. He was
both .. cxcdk::nt studcQt as weil as a fine a\hleti(;. T W"4S very pleased when be choose to enter law
school
Sinoe his gn.duation from law school, I bsvc bad a number of opponuniti~ to speaIt to Zaclt. In
the past. 1 haveu!cd him to do somclcgal nsearchfor me. He did .. finejob inthu ngard and 1 usOO
his rC$CVCh in my pleadings.
I think Z.ck he matured 1$ a ;ndiv;dual and possesses the: qualities that would make him 11. fine
lawyer. It is my sincere hope thm he wiD be giVCfI the opportunity to practice law.
~
J
.Ka
,
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October 13,2004
Re:
RRM:kdc
1 (l3 L~
VI
lI!IUUO/UIO
C. COE SWOBE
ATTORNEY AT LAW
3 Bret Harte Avenue
December 9, 2004
Uj/II I IUU~
lun 14:~u
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uJll~e'
01
,enll Lee
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December 9, 2004
Page 2
, Bct:ause of the above observations and conclusions, 1 hereby urge that Zach be
admitted to practice law in the State of Nevada.
Very Sincerely.
C. Coe Swobe
CCSlkmf
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HALE LANE
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Zach Cou:bllil
Dear Sin:
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t am proud to recommend & close persooal friend, Zach Coughlin, as a member of the
Nevada Bar. 1 was asked to write as ooe who has functioned in th. capacity of a
mentor or sponsor to Zach, but J would first like to say a It:W words about him as a
student of recovery.
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Zach is a highly intelli&eut, pe:rc;c:ptiyC young man. I c;amc to know him in March of
2003, and t1uougb sbared mead, was inIrodueod 10 Zacb. Zach reques1ed lhat 1
won:: with him in his reeove:y from alc;obol abusc and in getting his life bacJc. on track.
Zach grew in leamiDg. in charaoter, in depth of undrstmding. I personaUy witnessed
Zach attOlld 90 mcc:tings of Alcoholics Anonymous in 90 days bct"Ween March. 2003
and July 2003. He was a regular at the 6:45 un. uBeginru:rs Are WillDen" meeting
that Uloets each day of the week.. At that fune I don't think Zaeh appreciated fully the
sc:nousness ofhJs situation. as he failed to gather signatures attesting to hi& att4mdance
at these meetings. Hc bas since started collecting signatures ilt each meeting he
atteads lAd his cum:nt eoUeenoDS numbers OWl(" one bundred signatures, each
signature representing a ODe hour mectine of Alcoholics Anonymous. Further. 1 am
aware that Zacb has checked out U1d listened to audio cassctlO$ of over 200 spcakar
meetings (onl; hour 10Dg pc:lsonal narratives from A.A. mc:m.ber attesting to own story
aDd ita courage 5trm.8Ih md hope) ftom Reno's maio office of Alcoholics
Anonymous.
Zaeb is constantly trying to bettc:r himself. He has takeo groat elfom to read the best
sl;}f heJp litemur8 din:cted at thc diffiou1tic.s be i& faced with, iacludiDg many books
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HALE LANE
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December 9,2004
Page 3
(involving personality much more than principle), whose; effortS at amelioration have been
legion. and 'Whose dedication and tmaeity throughout his academic caIc:Cf bas been profoWld
were not giVOD a chance. It has been 1hree and a half years since Zaclt passed the 2001 Nevada
bar exam, and as such 1bere has b~ more than enough time for Zacb to 1earn from his mistakes.
And indeed, Zach baa learned from his mistakes and made more than enough effort to grow
sufficiently l!::n.Ough to be worthy of a license to practice law_ For JIlC. this. is not a close call at
alL
Thank you once "ain for the opportunity to recOJDmeD.d such a special aDd impfN6,ive yollDg
maIL
,:Ot:lMlo~l"n\1
Jerome Fishkin
ATTORNEY AT LAW
PHONE: 415.43.130
FAX: 41578q290
]erome@FishkinLaw,com
1127/05
DEBRA MURPHY LAWSON, Esq.
Director, Moral Choracter Determinations
Committee of Bor Examiners
State Bar of California
180 Howard Street
Son Francisco CA 94105
Fox 538.2304
Zachary Coughlin - Your # 295 -86-4380
Dear Ms. Lawson:
This is a follow up to my tetter of January 12, 2005, regarding the expiration of Mr.
Coughlin's abeyance.
Enclosed at TAB G are two letters from his treating psychologist to the Nevada State
BOI. They were sent prior to the recommendation of the Nevada State Bar that Mr.
Coughlin be admitted to practice there. Please show these letters to The Committee as
part of our package in support of Mr. Coughlin's request to be admitted in California.
100 I
--
EXHIBIT G
'(lll')
December I I 2(1)4
Parlier Firhmlin
I hay(: hern asked 10 wrilt: regarding pS)'chulu~u"aJ fr(",lUmenl wilh i1...1ch Coughw,. Mr. Coughlin
11<1$ been >l.th.:nding p~ychothcrapy sessions since 4i7.Rlln. He h<ls attended 24 sessionl<:.
Mr. Coughlin hl\~ been an <I{'tive panidram ill his tfeatmeoL He has continued \0 imprnvc hiS
ahllil) 10 lake /klsonaJ lespolJ~ihlliry tor his bchlivior. lie has {:nrllinm.:d lu minimi1C (he impact
(11 iJulhnntr coonicu and hypcrsen.~irjyi(y t:) criticism on his bcLt:.vjor fie: has contil1ll~d to U~
self-monitoring and !'.II~S reductioJ) lochlliqucs to cope wllh difficult silwlIiom:. These ,md olhc:1
In hiS
ability to a.~.':C'ss
and r~p()mllo.a ~anely 01 SltuAhuns more eftccli~t'Jy and adaptively. He CQnliuuc~ Lv gi~c
I."-,.. ~ry indicafion thnt he i:; 011 I) coun:;e thaf is wor1unA well for h.Lm and h"lrin~ him to rNintain
Ihe slructulCS he needs 10 maintAm a consiSlenl poillero of ~ood jlkigement and adaptive lK:ha vi or
41
("/'1
I J "/"{'/'.n.}:1 .':1
,I"
\U~tJ<;t
16.2004
Patrice Cic-hm:1II
60ft L. Charlcston Ahd
Stale Bar vi I\cv811d
La~ Vc~a:'.. ;\JV H~ I l.J.!.
r hH'e ref'n
ha, becn
Mr Coughlin
Mr COU,e:hlin has Ix-NI an m~livc panicipam ill his Irl!ml1ltm. He ha:. iIllV,uY~J his ability (0 lak ..
JW"flllal n.:.~I~lnlilbility fu; his beha",ior. lie has learned to minimiu th,. ImraCI of lIurhoot)'
COMII(1s ilnd h)pt'rst'nsili\'ily In cri[ici.~m or. hi!. ~havjt)r. HI: hi'!!:i h:allu.:clLu u:.c self-monitoring
lnd str~ss reducli<lIl tl!chmques to cope ~'jtJl difficult J..illlabons. TheliC and otht'r ro,p:nitivl'
bcr.,ayjoral sTraleglr's haw impm'l'c.d his dbillty 10 nssess and respond In 11 "ariety of ~jlUativns
"111ft' cffcct.i\'dy aud 04daptiveJy. 'It: would o.:urrcnl/y ilPpcu t() be 011 ;t CUUfSt: Ilull j" wnrkin~
w~11 fur him .IIc1 tK-lrll1~ him [0 c$lablish fhe structures he will ncetlill rminl;lillll {!lUIt:
.'OI:!>lslcUI p.1ltern of ~uoc jucJ;.:cmcnf aud :ada.ptivc bcb:;'YI(K.
Sincerely.
(10 f,
O",r
1io:r1j~
SCUTT W OAVENl'QRT
fn'IM
DEAN E DENNIS
Lt>J A"trla
!UMBERl.Y A GAAB
ItiAtAL S GOUGH. M D
H'''/fr"&<otiI BNCA
WJ!"TNl C HENDERSON
RE:
.'
..v;O>RJ W 1 HOPWOOD
$4.ua F~ SprUrct
JAMES B HUSSEY
Sot_ P~Jrri
.fOHN W KIM
lJnA~$d~-
VlAN NALKENHORST
ANNE E. .sHEEHAN
,1 H WAl.l.ACH
Ll>s A~rrl~s
Apparently Mr. Coughlin has not completed this part of his abeyance, as
the LAP people will neither confirm or deny knowledge of Mr. Coughlin's
participation in any program associated with LAP or the State Bar of
California or State Bar of Nevada. In the past this means the Waiver is not
on file or has not been provided by the applicant.
Please have Mr. Coughlin contact the LAP program and the
individual/agent who has been monitoring his participation, acquire and
complete the Waiver, sending a copy to me and the original to the LAP.
Please feel free to call me jf I can be of further assistance to you.
MATTHEWB WEINBERG
Sincerely,
',;rt
.(
F- tr... c.... ......
0JPa tI{AUtin,_ SIGIf
JEROME BRAUN
...
nA YU E. MUJU'HY
Pinc;r. ,-'fGl'.
..,. ..,.-
JOHN" RODRlGUfZ
~
L ,- ,
Kathy Crary ()
Moral Character Analyst
(415) 538-2593
Enclosures
Jerome Fishkin
AlTORNEYATl..AW
PHONE: 415.43.130
FAX: 415.78'.719
Jerome@FishkinLaw.com
3/9/05
KATHY CRARY
Moral Character Analyst
Committee of Bar Examiners
State Bar of California
'80 Howard Street
Son Francisco CA 94105
Fox 538.2304
You, # 295-86-4380
,
EXHIBIT
I 4t?-
10 U I
-- .-
OFFICE OF ADMISSIONS
1 80 H O WARD S T REET' SA N FRAN CISCO. CAL I FORN I A 94105 1639 (" 5) 5 38 2)0)
JOHN t. 0000
CIo",r
r",/ ...
Jerome Fishkin
369 Pine St #627
San Francisco CA 94104
RE:
WHJTNl.E C HENDERSON
", ... RY ...NN M HERUKY
This is in response to your letter dated March 9, 2005, and sent to Kathy
Crary, regarding the abeyance of Zach Coughlin 's moral character
application.
s.,,, ),,u
... "''DREW J HOPWOOD
),-......1AN M .....Ku.'HORST
MARTHA PRUDESKAMITER
l.tuA"pln
AtlNE E SHEEIV.I'J
LEr H WALLACH
JEJt.OME BRAUN
".,... "'~rw.~. A ......."...
rely,
"-"\. ~
Ad""'.""""' ....
.JOHN l. ItODRlGUEZ
tIor..,.. 0,...-" AIGNIf~JII
DEB ..... WUIU'HY LAWSON
DifCCIOr,
&_i.,.1ic>ou
EXHIBIT
I 1:3
Jerome Fishkin
ATfORNEY AT LAW
PHONE: 415.43.130
FAX: 41578I.7290
]erome@FishkinLaw.com
April 15. 2005
Zoch Coughlin was granted admission to the Nevada Bar on March 22. 2005. A copy of
the order is enclosed as Exhibit G, following my exhibit designations on previous letters
to
YOU.
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EXHIBIT G
fll.ED
MAy 2 2005
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requirements for Mr. Coughlin to meet during the deferral period and
directed the Board of Bar Examiners to file a supplemental report and
recommendation regarding this applicant at the conclusion of the deferral
period. The Board of Bar Examiners, on December 21, 2004, submitted its
supplem ental report to the court.
In its report to this court filed October 5, 2001, the Board of
Bar Examiners reported that the Zachary B. Coughlin wrote the 2001 bar
examination, received a total scaled score of not less than 75, and a scaled
score of not less than 75 on each of at least three essay questions; however,
..
this applicant had not submitted evidence of having complied with the
'
supplemental report, the Board advises that Mr. Coughlin has successfully
completed and fully complied with all of the terms and conditions imposed
.--
,c-
Ou~
by this court throughout the entirety of the deferral period, and that Mr.
Coughlin has now submitted evidence of compliance with the rules of this
court.
less than 75 on each of at least three essay questions, and a scaled score of
not
less
than
85
on
the
Multistate
Professional
Responsibility
Examination; and (5) otherwise complied with the rules for admission set
forth by the Supreme Court of Nevada.
IT IS HEREBY ORDERED that the following applicant be
admitted as an attorney and counselor at law in all the courts of this
State, with all privileges relating thereto, upon complying with the
requirements of the law relative to such admission; however, said
admission shall be conditioned on and subject to the terms and conditions
-....
, C.J.
Becker
'-
J.
Maupin
~~
Dt;Zas
J.
Gibbons
Ha'rdesty
cc:
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as
03:38p
'orne F 1 shk 1 n
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781-7290
p .
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bj
, In meat the etrtetHt fet &eoepteMe iBtc the Pragram, the'B'ffth:te9:9& Call1Mitl"$C
",tHo abe dctamine the tenus oem) Pa:rtiipation AgteeluenL
The purpose of this document is to set forth the ierms HDd conditions of my
partioipolion in the Prognm during the ovoluolion _ .
Pending the findings of the Evaluation Committee, I agree to comply with the following
U
terms Blld conditions:
C>I(..cMw/rLO'
/Awl ,.
/
1Z; (,<z=,,"'i
I
weel"as directed, the
," ~
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ev . '\
(UI.--)
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).
4. I will provide
IIDli _
00"""
for the Program to obtain all pertinent medical, legal
Ie<ORls as
'"'I~'
5. I will abstain from the use of alcohol and all psychotropic drugs except those
prescribed for me by physician under ooDSUltation with the Program.
6, I will report to my Case Manager all rer.-nnal u.<:e (lfpr~ption medications.
I will provide cop;"" of all """"",,onding prescriptions.
:/'
.'
.'
of
will
... .. .... ~
Ir C-L
8. I
provide nwdom, observed biological fluid specimecs as requested/The
resuJts of !he laboratory drug sc.-ing wiU be provided to the Program. I
will.ptly the fees for oolloction and te:rting at the time of the collection.
ArrORNEY AT LAw
FAX: 415.781.7290
In my conversation With Pom Poley, I was advised that LAP wonts a full sign up of loch
COughlin. It is my understanding that The Committee was not requiring a full sign up,
only a more limited monitoring of Mr. Coughlin's ongoing programs in Nevadaparticipation in lawyers Concerned for lawyers and particlpatron is his local Alcoholics
Anonymous.
10 (I I
of Bar Examiners
JOHN L. DODD
O Uf;'
Tr.slill
BEVER!.Y .JEAN GASSNER
O'II'4rio
. SCOTI W. DAVENPoRr
DEAN E. OENNlS
LwAlIgelu
Jerome Fishkin
369 Pine St #627
San Francisco CA 94104
RE:
KlMBERL Y A. GAAB
FrUllo
.,
H,mti"l:flPI BClIc}s
WHfINIE. C. HENDERSON
MARY ANN M.
HEJU.lHY
ANDREW 1. HOPWOOD
s.uw. Fe Spn'"gJ
lAMES 8. HUSSEY
So"
P~ro
JOHN W. KIM
Len Alrgda
W\ PRUDENHAMITER
LenAnplu
,.o.Nl>.'E Eo- SHEEHAN
lEEH. WALLACH
Los Anplu
This is in response to your letter dated March 9, 2005, and sent to Kathy
Crary, regarding the abeyance of Zach Coughlin's moral character
application.
Mr. Coughlin's Abeyance Stipulation requires that his abeyance be
monitored by the Lawyers Assistance Program. This program has been
designed to handle, and routinely does monitor, persons who live out-ofstate as well as California residents.
Until Mr. Coughlin enrolls in the State Bar of California's Lawyers
Assistance Program, he is not fulfilling the terms of his Abeyance
Stipulation.
If he does not enroll in the Lawyers Assistance Program by April 15, 2005,
the Committee of Bar Examiners will be considering his application in light
of his failure to comply with the abeyance stipulation.
MATTHEW B. WEINBERG
rely,
. ~];lcI~
0fIb of Mlrliuions SI4/f
JEltOME BRAUN
~
UCUl'w' MmhslO'U
GAYLEE WURPHY
lJt..aor. Nbou..ufrut,O"
JOHN R. RODRlGUEZ
. ?pDGl'iom 4
/"
MIVI4I~,"mf
"
,
(JUJ
..
I will be scheduled to meet with the Evaluation Conuniftee for review and
evaluation to determine if! am appropriate for, and would b.cinefitfrom,
participation in the Program.
If! meet the criteria for acceptance into the Program, the Evaluation Committee
will also determine the terms of my Participation Agreement.
The purpose of this document is to set forth the terms and conditions of my
participation in the Program during the evaluation process.
Pending the findings of the Evaluation Committee, I agree to comply with the following
terms and conditions:
I. I will attend one facilitated Group meetings per week as directed, at the
assigned location. If! am unable to attend, I will contact the Group Facilitator
or my Case Manager prior to said absence. If! must miss a Group meeting, I
will make-up the missed meeting by agreement with my Case Manager.
abstinence-based self-help meetings (or mental health
2. I will attend
).
group meetings as speeified
3. Ifrequested to do so, r will obtain an addiction evaluation and/or psychiatric
,.
'j'
9. I understand and agree that any expenses related 10 the requirements of the
Program are my responsibility. I further understand and acknowledge thaI
any and aD expenses iocurred during or as a resull of my participation io the
Program are my responsibility.
10. I understand and agree that payment of Program fees are IQ be kepI current
accordiag to the payment arrangements that bave been made.
11. I understand and agree that my participation in the Program does not affect,
alter or cnrtail in any manner, the State Bar of California's authority to
investigate and take disciplinary action for any conduct committed by me
whether before, during or after my participation io the Program.
12. I agree to obey all federal, state and local laws, as well as aU rules governing
the practice of law in the State of California, and I will inunediately report any
arrest or conviction of any offense to my Case Manager.
13.0ther_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
I furtber agree that I will maintain tbe anonymity and confidences of tbe
otber LAP Group participants.
I have read and discussed this document with tbe Program Case Manager and
understand and agree to all' of the terms and conditions outlined above. I further
acknowledge tbat I bave received a copy of tbis Evaluation PIan document.
Date:
Date:
Signature
Signature
Date:
"
f
---
f'
U''HHI 'HH
I,
Address
State
City
Telepbone
Zip
Progress Notes
Verification ofPerticipation
Application and Participation Agreements
______________________
~.rr
Nourological Examination
I hereby also release. discharge. and exonerate the Program and any other person or organization
supplying requested documents, records. or other information pertaining to me from any and all liability
of every nature and kind arising out of the furnishing of such documents, records and other information
pursuant to this Authorization and Release. This Authorization and Release is subject to written
revocation by the undersigned at any time except to the extent that action has been taken in reliance
thereon. If not earlier revoked, this authorization will terminate automatically six (6) yean from the date
appearing below.
Authorizing Sigoature.:_____________
Witness: __________- - -
Dato: _________~200_.
lScction 6234 oftbe Business and Professions Code provides that any infonnation~j:irovided1O or obtained
by the Program shall be confidential unless confidentiality is waived by the attorney.
11112102
Examiners.'
'
___
__
___
__
Contact information
Verification of Participation
Application and Participation Agreements
Compliance with Agreements
Lab Testing and Results
History of Illness
Diagnostic
_ _Information
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
Oili~
I bereby release, discharge, and exonerate the program and any other person or organization
supplying requested documents, records, or other information pertaining to me, from any and all
liability of every nature and kind arisin~ out of the furnishing of such documents, records and other
information pursuant to this AuthOriza.tJOD For Disclosure and Release. I am aware that information
obtained from other sources will not be made available to me by the Program, and that to the extent
I want copies of any such information,
it will be my responsibility to obtain it directly from that
,
source.
This Authorization For Release is subject to written revocation by the undersigned at any time
except to the extent that action has been taken in reliance thereon. If not earlier revoked, tbis
authorization wiD terminate automatically six (6) years from the date appearing below.
-------------------
----------------Date: _ _ _ _ _ _ _ _ _ __
Date.: _ _ _ _ _ _ _ _ _ _ _ __
/
I
1 Section
6234 of the Business and Professions Code provides tbat any information
provided to or obtained by the Program shall be confidential unless confidentiaUty is wai:ved
by the attorney.
008
"
, lJU:J
EXHIBIT C
A~r 13 as 03:38p
.i
.llnp
Fi~hk1n
t"l~
81-7250
p.s
:r.nuaen.
The inrnnTUltion
--
Conta4."1 information
VerifiCatian of Participation
ApplieaUolI A:Ild Participation ASl'elCtllcnts
Compl~ with Agrocrn.onlf
~e,
Pro~
I hereby release,.
aod cXOIIate the
and any other peoon or orga.aization
supplying requested dooomems., 1tIOOn1a,. Or othor loionDatillll pertaining to me, &om any ami .U
liability of overy nature and kind. ari3io.J oat oftbe f'umUhu., of such doewuems. records and odiei'
infarnUrion pubiu.ant to this AuthorU:m:Jon, for DiJt;:10fUn'; au<I Re'-. I lID aware tb.u informadOil
obtained
other 80Urces Will not be .mado available to me: by the
and that to the extent
I want copies of any such infonnation, it will be my teSpon&ibility to obtain it diroctly from thtt
.......
no.u
this Atrtborizatioo Foc Release is sllh)cct to written m-ocaQon by tbc undmigood II any time
'A",/"lIYjJli!',:::.t'"
noopt to tho extent that actioa b&.s been taIccn in rcliaaoe tbwoOn. If" oot c.rlicr
s;-r
Au~orizmg
Printed N... .,
_"'_'_ _ _ _ _ _ _
~~_"
zAc!lc:.oU&U_d,!
tll.iI
~_
Plinto<! Nom"
D.I\.: ______________________
,/
BECKY A. PETRING
NOTARY PUBLIC
STATE OF NEVADA
APPT. NO.0172358.1
MY &.f'
EXPIRES NOV. 13, 200~
-------"
Ll 0 I I
Hpr 13 OS 03:38p
Jf
III@' Fishk1n
{"II:')
l l -n~s o
p.2
-- _-""'-_...
... ..
A~.PropmGtoUPMI!!fItinp
An!'tId'QM It Tbwapy
P~NotDI
Vcdfblionor~
~'--------------
- --
~-
by the Propm .M11 'k WnfukutiallU1le&:s confilkuLi&l.lly ill; walvW by thl: worncy.
1lI12r02
t;">.;KY A. PErRIN('
NOTARY PUBLIC
: STATE OF NEVADA
APPT No 01-72358-1
10 I 2
'''1~
81-7290
9. 1 undcr:Jtond and egroc thai lIllY Oxpcnsca rohuOO to tho r<:quiIomcnt> of the
1\, I understand and agree thai my portlclpodon In the I'rogram does not alfect,
alter or curtail in any manner, the Stab! Bar ofCalifomia's authoriry to
investi""", and tab: disciplinmy oction fur ..,. conduct committed by me
whether before, during 8fte1' my partieipadon in the Program,
0'
\3, Other
Date:
C... ManagcrlWiln= (Print)
Signature
Date:
------~
.2:-
A-p,d 1=\
~,
24~{~~
NOfoff=!66lL,.
rllt and PM'.
. _ ...... IC/JOJ
>0.', ,
B::':ec:7:
K","yA~.=PETRING
NOTARY PUBLIC
STATE 9F NEVADA
APPT_No.OI-723581
_ _ _ _M~Yc.c".~P-,- EXPjRESNOV.13,2005
Jerome Fishkin
)69 PINE STREET SUITI: 6'7
ATI'ORNEYATLAW
PHONE:AI54031300
FAX: 415.781.729
www.FishkinLaw.comJerome@FishkinLaw.com
Lindsay Kohut 5!an~r
Of Counsel
May5,2005
..
copy
This Is a follow up to our conversation of April 2B, 2005, regordlng Zach Coughlin.
I think. I understond your concerns. I hope you understond ours. Thus, I am revising the
proposal I sent to you on April 15. 2005. Enclosed please find a revised draft of the LAP
sign up papers that we propose for Mr. Coughlin.
To recap this matter. Mr. Coughlin is a Bar appUcant who lives and works In Reno.
"Jevodo. He Is already a participant in LCl Nevada as well as AA In Reno. CBX wants
an evaluation report from LAP on Mr. Coughlin. There was never any Intention that he
sign up for LAP as on attorney might do.
Please ask the LAP Board to approve the enclosed, so we can move the process along.
Thank you.
Very Truly Yours,
EXHIBIT
DRAFT
Qv\~ '(71N)d
LAWYER ASSISTANCE PROGRAM
EVALUATION PLAN
I,
) am an applicant seeking evaluation for
participation in the LAWYER ASSISTANCE PROGRAM (hereinaller "Program"
or IILAPfI). I hereby acknowledge my understanding of the following~- ~
I will be scheduled to meet with the Evaluation Cominittee for review and
evaluation to determine if I am appropriate for, and would benefit from,
participation in the Program.
the
The purpose of this document is to set forth the terms and conditions of my
participation in the Program during the evaluation process.
Pending the fin~gs of the Evaluation Committee,! agree to comply with the following
~~
terms and conditions:
H>-,p'lI2.-P Co-;ta< o.JA
weev.;; at
/-vJ"f,s I fV'"v
C/,-
2. I vrill attend
abstinence--based self-help meetings Eel" meMellle8ltli
l!fO"l' m Ii!!!:
........'l'eeifieci
).
cC< \<.o'-"o\\C-5 ~'1\'M\IP\
~, tv~:od.",
3. If requested to do so, I will obtain an addiction evaluation and/or psychiatric
evaluation and arrange for the report to be sent to the Program.
Pt
4. I will provide consent for the Program to obtain all pertioent medical, legal
and treatment records as requested.
5. I will abstain from the use of alcohol and all psychotropic drugs except those
prescribed for me by a physician under consultation with the Program. .
6.
ilily ~
9. I understand and agree that any expoIlSCS related to the requiremenu of the
Program "" my ,.,ponsibility. I funhex uodezS1and md aclqwwledge that
auy and aD expenses incwred daring or as a resuJt of my participation in the
Program are my responsibility.
..
10. I UJIderstmd and agree that payment of Program fees are to be kept current
or
according to the payment atnmgcrnems that have been made.,
11. I understand and ~ that my participation in the Program doe:; Dot affect,
wier or curtail in any DlIUlDer, the Smte Bar ofCalifomia's authority to
investigate and take disciplinary action for any conduct committed by me
whether before, during or after my participation in the Program.
12. I agree to obey all federal. state and loca11aws, as well as all rules governing
the Practice of law in the State of California, and J will immediately report any
arrest or conviction of any offense to my Case Manager.
13. Other
I further agree that I will maintain the aJ:I:Ob)'llllty aa:d eonfldenee. of the
other LAP Group Participanb.
I bave rud aDd discua.acd this doewncnt with the Program Cue Manager and
IlDdtntaad U1d agree to aU oftbe terms and conditions outlined above. llUJ1her
aclmowlcdcc that I have received a copy ohMs Evaluadon Plan doc:ament.
W;;=,
;;;4<; II Uc,
r/
Dille,
Date:
6th
Applicant', N_ (Print)
..
Sii!ii'ture
rnu.:,
Janis R. ThlbauJt, MIT, CADe, Director
dru
Address
State
City
Telephone
Zip
Neurological Examination
Progress Notes
Verification of Participation_
Application and Participation Agre6nlents
Othor_ _ _ _ _ _ _ _ __
[ hereby also release, discharge, and exonerate the Program and any other person or organization
supplying requested documents, records. or other information pertaining to m~ from any and all liability
of every nature and kind arising out of.the furnishing of such documents. records and other information
pursuant to this Authorization and Release. This Authorization and Release is subject to written
revocation by the undersigned at any time except to the extent that action has been taken in reliance
thereon. [f not earlier revoked. this authorization will te~e automatically !1m (Jij fClrt-fromthe date
appearing below,
e>N" '1 UlR.
AlrtIwrizing Signature: _ _ _ _ _ _ _ __
Witness: _ _ _ _ _ _ _ _ _ _-,---_
Printed Name:
Dote: _ _ _ _ _ _,200_,
Date: _ _ _ _ _~200_
_~_ _ _ _- - - -
lSection 6234 of the Business and Professions Code provides that any informatioifp"'fOVid.RtT6""Ortibtained
by the Program shall be confidential unless confidentiality is waived by the attorney.
11/12/02
Examiners.!
, .
.' ..
-_
__
___
___
Contact information
Verification of Participation
Application and Participation Agreements
Compliance with Agreements
Lab Testing ..d Results
History of nlness
Diagnostic Information
Other,_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ____
I hereby release, discharge, and exonerate the Program. and any other person or organization
suppry-ing requested documents, records, or other information pertaining to me, from any and all
liability of every nature and kind aris~ out of the fumishing of such documents. records and other
information pursuant to this Authorization For Disclosure and Release. I am aware that information
obtained from other sources will Dot be made available to me by the Program, and that to the extent
I want copios of any such information, it will be my responsibility to obtain it directly from that
source.
'
This Authorization For Release is subject to 'Written revocation by the undersigned at any time
"
except to the extent that action has been taken in reliance thereon. If not earlier revoked, this
authorization win terminate automatically ,iI; (~ "Mrs from the date appearing below.
<9N!E- ,fJ'/ ~
Authorizing Signarure:: _ _ _ _ _ _ _ _ __
Witness:
----------------~
------Dolo: _ _ _ _ _ _ _ _ _ _ ____
D810:_ _ _ _ _ _ _ _ _ ___
," /
""~""
Section 6234 of the Business and Professions Code provides that any Information
provided to or obtained by the Program shall be confidential unless confidentiaUty is waived
by the attorney.
I
ROI B CBX
(09/1"~3)
Jerome Fishkin
ATTORNEYATUW
Fax 538.2304
Zoch Coughlin was admitted to the Nevada Bar on March 25, 2005. A copy of the
certificate is enclosed as Exhibit H, following my exhibit designations on previous letters
to you,
EXHIBIT f./
"
Jreme Court
State of Nevada
"lItIy appea.rin:1 to tIie Justices of tIie Supreme Court of tIie State ofNevaaa from his app[iattion for
,;(,(,J1se to Practice Law, aM tIie certifo:ates accompanying it attesting his quafifo:ations, tliat
'II
()~criJjed tlie necessary oatlis, aM possesses tlie cliaracter aM attainments required 6y Caw aM the rnfes
I,) (')Jlitfe
Iiim to adin.ission to tlie Bar of this State, lie is therefore issued this License a.ru[ is 1iere6y
~~\>.., ~.~...
CniefJllsticc
~S.1?111~.II<I
.Q
'/ustifr
~~~
A"//44
JW,lin'
r-"\
practice as an
. w
69701-4702
April 6, 2005
Zachary B. Coughlin
1044 w. 1 5t Street
Reno, NV 89502
Sincerely,
'I
1~"
,/1.. /
~.
,
.' ~
,..... ., . ,.- .-/
-<'Janette M. Bloom
Clerk of Court
JMB;sp
Enclosure
.,~ ,~"
48
-------........
------
Jerome Fishkin
ATIOIt.Nl!Y ATLAW
PHONE: 415.4).130
FAX: 415.78'.729
www.FishkinLaw.comJerome@Fishkinl..aw.com
Lindsay Kohut S1att~r
Of Counsel
Zoch Coughlin has signed the contracts, as modified per our correspondence. Copies
ore enclosed. He will be calling the LAP number, 213.765.1190 forthwith. to get things
started.
lI DOI
- r
AlJJJ-JORJZAPPN ANI> RFLRASE
1,j:IkR- Cru6HLt#
~n. fil~ ~r
~g
EDUtylPel'W01I Autborlud to
ntscJo.~btaln hlforDI.tloll:
City
Stale
Zip
To..,..,..
lSection 6234 ofttle Business and Professions Code provides that any ioformatioo provided to 01' obtained
by the Prognsm lhall be confidential unless eonfidelrtia.lity is waivod by !be attorney.
11l12J02
1,002
9. I understand and agree that any expenses related to the requirements of the
Program are my responsibility. I further understand and acknowledge that
13. Other
I further agree that I will maiDtaiD the anonymity and confidences oftbe
other LAP Group participaBts.
I have read and dUeussed this document with the Program Case Manager and
undentand and agree to aU of the term. and conditions outlined above. I further
a ..knowledge that I have received copy of this Evalu.tioD Plan document.
Date:
Case ManagerlWi1ncss (Print)
Signature
,/
Janis R. Thibaul~ MFr, CADC, Director
003
Examinors.
Contact information
Verification of Participation
Application and Participation Agreements
Compliance with Agreements
Lab Testing and Results
History of Illness
Diagnostic Information
Other'________________________________________________
I bereby release, discharge, and exonerate the Program and any other person or organization
sup.e'ring requested documents, records, or other information pertaining to mc. from any and all
liability of every nature and kind arisin$ out of the furnishing of such documents. records and other
infor:mation pursuaDt to this Awhorizabon For Disclosure and Release. 1 am aware that information
obtained from other sources will Dot be made available to me by the Program. and that to the extent
J W8Jlt copies of any sucb information, it will be my responsibility to obtain it directly from that ,
source.
.
TIlis Authorization For Release is subject to written ~ocation by the undersigned at any time
except to the extent that action has been taken in reliance tbcroon. If not earlier revoked, dais
authorization wiD terminate automatically liLEs} rM .. from tbe date appearing below.
Authorizing Signature
Printed Name,
Printed Name:
0.-
';?
!Y\AR{ L:>AR~
Date' _ _~"_"_JLC~_"e..'___'\..:O_'_~~..:2.::0_'_O=_>5'
I Section 6234 of the Business and Professi.ons Code provides that any iDfor.DlRtion
prorlded to or obtaibed by the PrOlram shall be c::oalideatial ~nless confidelltiallty is waiTed
by the aUorney.
! CI
U4
AUTHORI7ATI
'
ON FOR DISCLOSURE AND RELEASE OF INFORMATION
(II'\.
hereby authorize the Lawyer Assistance Program of the
records ria' ,8 I orDia (heremafter LAP or Program) to disclose and/or obtain infomlation, files or
psvchia: mmg to me (including information, files or records concerning drug/alcohol treatment or use,
tr~atm. t)C ~tment, AIDSIHIV and other communicable diseases, test results and/or diagnosis and
en ,With the State Bar of California Committee of Bar Examiners,l
State
___
17 D
Diiagnostic Infonnation
cnhe',____________________________________________
I bereby release, discharge, and exonerate the Program and any other person or organization supplying
requested documents, records, or other information pertaining to me, from any and all liability of every
nature and kind arising out of the furnishing of such documents, records and other information pursuant to
this Authorization For Disclosure and Release. I am aware that information obtained from other sources
will not be made available to me by the Program, and that to the extent I want copies of any such
information, it will be my responsibility to obtain it directly from that source.
This Authorization For Release is subject to wrinen revocation by the undersigned at any time except to
the extent that action has been taken in reliance thereon. If not earlier revoked, tbis autborizatioD will
tenninate automatically I~~ars from tbe date appearing below.
Authorizing Signature::_~i4"~L.....s,.d!'""~
~.6-<-.-:1-=-~..!-j-O~5,,-_-_
I Section
P,;nted Name:
Date
~__-",o.~:.yr-l",":::hl-~"-"
~ (2:( ~ s'
6234 of the Business and Professions Code provides that any information provided to or
ob~iDrd by tbe Pl""ogram. shall be confidential unless confidentiality is waived by the attorney.
0001
,
THE STATE BAR
.' .
OF CALIFORNIA
,,~
."
I ,}
Bar # NIA
This is to serve as notification that Zachary B. Coughlin contacted the Lawyer Assistance
Program on June 22, 2005 and has completed the telephone intake process.
Case Manager
Date
UOOI
Fax 538.2304
Mr. Coughlin Is the subject of a 6 month abeyance agreement. He enrolled in LAP, LAP
is SUPposed to send you a report. The six months has expired. Please obtain the report
and resume the processing of his application.
Very truly yours,
www.
uOOI
&;"1
r have been swapping phone messages with you and my client for quite a while. I will
be out of town this Thursday and Friday, so this could take a while. Thus I write.
am not
sure if he knows what that test Is, Please send him a short letter and let him know what
test you want him to take, so we can get the report to CBX underway.
will be on the road Thursday and Friday and bock In my office Monday. If you wont to
II ;~rr I
www.FishkinLaw.com
li DO I
RE:
SSII 295-86-4380
COllflbEIIT/AL
This leHer is in response to our meeting centering around your involvemenl in an incidenllhat occurred, violating the
l"NL V Student Conduct Code V. Section (P) and (R).
Section V. StUdent Responsibltltles
(P)
(0) DestructIon or v8ndalizelion 01 personal andlor public propertYi unaulllorized, mischievous and/or inappropriate
Use of such property with Intent to damage or destroy It.
In that meeting, you explained the situation arising from your class with Professor Tratos, and the potential allegation of
academic dishonesty and remarks which were perceived as threatening by some facuhy at the Boyd School of Law. After
an investigation, it appears thai the mailer of your remarks has been infonnally resolved between you and your instructors.
In addition. it appears that academic dishonesty did not occur. I have spoken with classmates from the class in question, and they do
remember seeing you have the paper in class that day. As we discussed, however, please note that this does not remove you from
the reponsibility of following the instructor's directions of also submitting the e-mail version. You bear the responsibility of not
c mpJeling
the assignment in it's entirelY - and it is completely up 10 Instruclor Tratos as to the appropriate academic action. While it
i~ 10lew orthy that you did take it upon yourself to seek resolution of this matter before the judicia1 investigation, J would
.. 'lrge you to carefully consider your communications in the future. In the matter of Section (P), I recommend the
.ving sanction:
1. )' ou are to consider this a Formal Letter of Warning .. H you are found responsible for similar violations of the
student code, your status as a student at UNLV will be re..considered.
In the matter of section (R), you accepted responsibility for the disconnection of the computer in the Boyd School of Law
Library. II is clear from our discussion that a) il was nOI for any UNLV academic purpose, and b) you moved the public
computer without pennission or notifying the appropriale staff and proceeded 10 use it for your persona1, nonlaca,jeonic work. You have requested an informal resolution in this malter, and based on Ihe infonnation provided in this
I reconunend the following sanctions:
You are hereby assessed a $100 restitution fee for the University staff time that was allotted in re.connecting
and checking the systems involved in the computer to assure that no programs were miSSing and that no
damage was incurred from your removing the computer. You will have a hold placed on your transcript until
Ihis restitution fee (money order or cashier's check made payable to UNLV Board of Regents) is delivered to
my office.
~~~~~IJ am recorrunending this case be resolved on an informal basis, you have ten (10) working days after receipt of an
resolution lener 10 request in writing that your case be submitted 10 a fonnal hearing. By requesting thai a
hearing rake place, all sanctions offered through the informal process will be void. The (annal hearing committee
hear your case and they will decide on sanctions, should they find you responsible.
EXHIBIT
53
Dean Christine Smith, Boyd School of\4t't President for Student Life
----\
''G' ;':1 UG
'1:~
,
JEROME
F,sH~'N
lJ 0 0 I
--
--
,r---
,.....
ASSOCIATED
AnesthesiologW,S
OF
RENO
Included OxyGontin 80 mg twice a day. Paxil. Adderall, clonidine ane Viagra. Since that
time, he has discorrtinued Paxll and is now laking Wellbutrin. Medicine allergies:
Hydracodone causing nausea. Social History: Patient is a nansmoker. Physical
examination: Blood pressure 140/67, pulse 86. cardiac: Regular rhythm without
murmurs. Pulmonary: Lungs clear to auscultation. Deep tendon reflexes were equal in
the biceps. triceps and brachial radialis. There was good deltoid biceps, triceps ane
Interossei strength. There was full range of motion with flexion and extension, right and
left lateral rotation. Cranial neNes IIXlI were grossly inlact, as well as gross sensa1ion.
The plan was that Dr. O'Gara's currenl regimentation had the patient in a stable cond"ion
and that I had na further recommendalions as far as add"ions or a"erations 10 his ClJrrent
regimen.
Sincerely,
tl 002
. - - ' . -"
02'15/2006
MJJAHID RASU.. MO
7753224'
17:32
PAGE
62
1775,3:1:2."615
RE:
Zach. Coughlin
Sincerely,
fZ--.r-----~
'Mujahid RaoUl, M.D.
(l 0 J
Oli...,,,
O~k.o:r
License "PY088
Clinicol Psychofogv
_1IrCSS
......
17(5) 78b-5775
OFFICE OF ADMISSIONS
180 H O WA RD S TREET S A N FR ANC I SCO. CALIFORNIA 9'105-1639 ( 4 15) S38.2101
e o - mf' 4!'
of BQr u a"l'-urs
DEAN E. DENNIS
0."
LoI Allplu
WHrrNlE C, HENOEJtSON
-"
i'>teoCMir
BARBARA M, ANSCHER
Buktl~
~con
W. OAVENPORT
KIMBERLY A. G.o.AB
June 7 , 2006
VIA CERTIFIED MAIL
Jerome Fishkin, Esq.
369 Pine Street, #627
San Francisco, California 94104
tntA. PRUDEN-HAMlTlR
LoJA,,~/u
.r
ANNE E. SHEEHAN
LEE H WAu.ACH
LoIAllpitl
"'ArrHEW B WEINBERG
Al AN S VOCHELSON
I.aI A,..lts
:)()N,tUDw. '(00
LoJAlfpitJ
'I-ttlNbrIiuiDM $#:6
CiAYt. E-Io4URPHY
s...r Ma.
~
.... ..u.uu.0tIJ
JOHN''' 1I0I)JUGUEZ
.~"""&,,,,~,
Re:
DE.v.I E BAJtBIERJ
~.u-"""''''''
EXHIBIT
5.s1100 I
A cop~ of the application, should your client choose to file it, must be served on the
Committee through the Office of Admissions at 180 Howard Street, San FrancIsco,
California 94105 and on the Office of the ChiefTrial Counsel at either 180 Howard Street,
San Francisco, California 94105 or 1149 South Hill Street, Los Angeles, California 90015.
In the event your client does not choose to appeal the Committee's decision in State Bar
Court, he is eligible to file another Application for Determination of Moral Character two
years from the date the Committee made its determination.
A copy of the Rules is enclosed for your client's use.
on
haracter Determinations
Enclosure
002
- - - - - - - ---
Fax 536.2304
Dear Ms Lawson:
Please be advised that I am no longer Mr. Coughlin's attorney. He is nOW In pro per.
P,ease communicate directly with him on any matters regarding his application.
____. .
'....--'o<~IL
JEROME FIS
~,.
IN
I
________
5(i;
~----_~~~~~~--.~'U.e61 -
- --,-
Zachary coughlin
March 2, 2001
Page 1 ,
I
In the Matter of
ZACHARY 8. COUGHLIN,
Case No.
06-M-13?S5-PEM
DEPOSITION OF
ZACHARY B. COUGHLIN
I 1
March 2,
2007
Reno, Nevada
Reported by:
BONANZA REPORTING:
1111 FOREST. RENO, NEVADA
Telephone:
(775) 786-7655
"
Be
.=
I
Bonanza Reporting-Reno
775-786-7655
Zachary Coughlin
Page 2
1
.2
3
9
10
AITORNEY'S NOTES/CORRECTIONS
PAGE LINE
Page
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APPEARANCES
March 2, 2007
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Bonanza Reporting-Reno
,002
775-786-7655
coughlin -
An
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March 2, 2007
Zachary Coughlin
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I.,.
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13 original application.
14
Q Is that YOUnl right there'?
15
A I'm not sure.
16
Q But is this something that you prepared
A Okay.
17 yourself?
Q Have you taken any medicatiops or consumed any 18
A I believe so.
19
Q And is that your signature at the bottom?
alcohol within the last 24 hours?
A No.
20
A Yes, it is.
Q 1s there anything that would affect your
21
Q Do you know what this would have been prepared
ability to testify truthfully and accurately today?
22 in connection with if it wasn't submitted with your
A No.
23 application?
Q \Vbat I'd like 10 look at first in this
24
A Let me take a second to review this, please.
deposition is I brought some documents with me that I'd 25 believe this is something that 1 submined to the
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California bar.
Q I'll return to that in a minute. \\/hen you
filed this application with the State Bar of California,
what did you understand your duty to continually update
the application to be?
A I'm not sure.
Q Did you understand that you had a duty to -did you understand that you had a duty to update the
9
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application?
A I'm not sure.
Q Originally you were represented by counsel
before the Committee of Bar Examiners, correct?
A That's correct. I should qualify tbat, though,
because I don't believe at the time this was submitted
that I had counsel. I acquired counsel before the
California bar, I believe sometime in 2003.
Q And is it true that you had tbat counsel until
the Committee orBar Examiners denied your moral
character application?
A That's true.
Q So approximately until 2006?
A That's correct.
Q So from 2003 to 2006, you were represented by
counsel with respect to your application for the
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24
~~,"~O~VVh~~.,t~l'~dl.h~.k"'~Y'O~".t~o~d~o~is~ru~"'~to~th~'~I,~sbt......::~2~5~C~I~i'~o~",~ib~"~?~=="""".c.<__3=c.--~------~------j
(pages 6 to 9)
1111 Forest Street, Reno, NV 89509
Bonanza Reporting-Reno
I
[I
775-786-7655
03
r
(Pages
~
10 to 13)
Coughlin
An
C.
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Zachary coughlin
Page 10
March 2, 2007
Page 12
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Bonanza Reporting-Reno
775-7867655
5dc.414bb ..f63-4Za4..acaa ..01172_"613
CO Ughl
loll
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......... h
Coughlin - An Ap 1
~cant
for Admission
2.
2001
Zachary Coughlin
March 2,
'f~3
4
5
investigation."
Page 16
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.'
1 ~ to object to
Q \In..
'~lIal s your basIs?
d'd
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this as well.
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Yes.
Q
A
Q
A
Yes.
Let's start with what time of day was it?
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Bonanza Reporting-Reno
2007
Page 14
'005
(Pages 14 to 17)
775-786-7655
SdC414bb-ef6J-42a4-acaa.-a01172eee67J
COughlin _ A~ ~_
.......... h 2.
2007
COl;
COughlin - An Applicant for Admission
1,
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Yes,] was.
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March Z, Z007
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Zachary Coughlin
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arrest?
A I don't know.
Q When you gOt those -- did you ever receive the
test resuhs from the urine sample?
A Yes.
Q And what did you think when you received them?
A I don't understand your question.
Q Were you surprised that there was THe in your
urine?
A I'm not sure.
Q Have you ever smoked marijuana?
A I'm going to object to that question.
Q What's your basis?
A Fifth Amendment.
Q Wen, correct me if I'm wrong. but you were __
you were convicted in this matter, correct?
FOT--
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something.
Q Are you aware of anything else you could have
ingested that would have caused you to have THC in your
urine at the time of your arrest?
A I'm not sure.
Q Are you aware that the officer stated in his
report that he smelled marijuana on your person and in
your automobile?
A I'm not sure.
Q Would it swprise you that he would put that in
his report?
A I don't know.
Q So why did you plead guilty to a 2303 charge in
this matter?
A Can J clarify that that 2303 is the dry
reckless charge just to make sure instead of referring
to it by numbers?
Q Sure.
A I don't know why I pled guilty to that.
think I reviewed the situation and felt that that was
the best option.
0 Were vou reoresented by counsel in the cri~inal
6 (Pages 18 to 21)
Bonanza Reporting-Reno
775-786-7655
.
J
Zachary Coughlin
Mdrch 2, 2007
Page 22
mailer?
A
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Q And you're referring to the second page of the
16 exhibit, the March 19th, '03 letter?
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Yes.
Is tbis your letter, though?
19
A I'm nOI sure.
20
Q Do you keep copies of everything that you
21 submit to the State Bar ofCalifomia?
22
A I in general keep copies of what I submit. I
23 don'l know about everything.
Q \Vhat I'd like you to do is take a minute and
24
25 review this letter and tell me if in fact this is your
Page 25
Page 23
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document?
A Allow me to do that for a second.
Q Sure.
A All right,) reviewed it.
.
Q And is this in fact a letter that you submitted
to the State Bar of California?
A I'm not sure.
Q You don't recall writing this leiter?
A I'm not sure.
Q Do you know, is 1044 West First Street, Reno,
Nevada, 89503, was that actually an address of yours at
22 some point?
2)
A Yes, it was.
1
4
Q And do you recall submitti?g any kind of
:; documentation .to the
to vour
._..Stale Bar With- resnect
..
~..
Bonanza Reporting-Reno
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7 (Pages 22 to 25)
'1007
775-786-7655
5dc414bb-ef6342a4-ac3a-a01a72eee673
(Or-
Coughlin
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Zachary Coughlin
,
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Cl'lar.i2
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Q
A
What statements?
I'm sony?
Which statements?
S larting
' with, "While 1 would like to point
12
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I ft
Ih
pain?
A Can you clarify your question? Do you mean
cUTTently today or in general, or-Q Let's talk about today. As of today, do you
have any chronic back or neck pain?
A I don't know how that would be defined.
15
Q Do you have any pain at all in your back or
,."
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March 2. 2007
Page 26
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your neck?
A I'm going to object to that question.
Q What's the basis for your objection?
A Privacy.
Q At the time of March, 2003, did you have any
back or neck pain?
A I believe so.
Q Would you take medication for that pain?
A I'm poin(! to ob'ect to that on privacy grounds.
Bonanza Reporting-Reno
Page 29
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I don'l know.
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Page 33
Q If you don't wam the State Bar to know about
your Rtlendance at Alcoholics Anonymous or anything
about your relationship with alcohol, why did you
include this infonnation in your application update?
A I'm going to objectlhat your question and the
wayit'sphrased,1 believe it's leading and you're
saying if I don't want the State Bar and that's not
something I said. Thai's something you just said .
Q Excuse me? Strike that, I'll rephrase the
9
10 question. Is;t true that you a<e ,efusing to test;fy
II about your relationship with alcohol and your
12 relationship with Alcoholics Anonymous?
13
A No.
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Bonanza Reporting-Reno
L.~
______________________________
19
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In (t q
l~n-Reno
1111
9 (Pages 30 to 33)
c~ughlin
March 2.
Zachary Coughlin
Page 36
Page 34
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1'7
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IS
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10 alcohol?
A Can you tell roe what you mean by addiction?
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Q What do you think of as a definition for
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Page 35
2007
addiction?
A That's what I'm asking you. Are you asking IDe
what I tbinkofaddiction?
Q Yes.
A I'm not sure. It's a very loaded word. I can
give you a rough estimation, continue to use in the face
of negative consequences.
Q Would you characterize that to be the situation
during law school?
A I'm not sure. It's very subjective.
Q I'm asking for your opinion.
A My opinion is that I'm not sure.
What about after law school, do you believe
Page 37
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school?
A Yes, I believe so.
Q Until approximately when?
A I'm not sure.
Q Did yOU drink it a year after law school?
A I'm not sure.
Q So in 2002, did you drink alcohol in 2002?
A I'm not sure.
Q Did you drink alcohol in 2003?
A I'm not sure.
Q Did you drink alcohol in 20047
A rd object to that.
Q What's the basis for your objection?
A
Privacy.
--'
10 (pages 34 to 37)
115_786~1655
sonaD
za
Reporting-Reno
"nln
March 2. 2007
Zachary Coughlin
Page 40
Page 38
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or
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Page 39
"
1
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10 eorred?
11
A Yes.
12
Q Did you receive this letter'?
13
A I believe so.
14
Q Did you provide the LAP authorization form to
15 the State Bar in response to this letter'?
16
A I'm going to object on confidentiality grounds
17 and answer that I do not believe I provided this fonn to
18 the State Bar.
19
Q You do not believe -- did you or did you not
20 provide the fonn'?
21
A 1 don't believe I provided this fonn.
22
Q Are you refusing to provide the LAP
23 authorization fonn to the State Bar'?
24A
0 I'm not sure.
~z'~~~2.2~~~1~6~tgo4z~.~'~h!'N~B~.C~OU~"'h~l~in~frgo~m~s~u~s~an~K~:a~.,an~.~D~o~.~~~~~.~_2;5"-~~~Y~o~u',~e~n~o~tJs~ttI~ehw~he~t~h!e'~O~'~n~o~'t~VtO~u~:,~e~r~'fu~sm~~~",~?~~
11 (pages 38 to 41)
Bonanza Reporting-Reno
() n I
775-7867655
5dC414bb-ef6J-42a4.acaa-a01 a72eee67
Zachary Coughlin
March 2, 200
Page 42
A
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Yes.
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Huh-uh.
oJ
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Q
A
Last name?
I'm not sure what her last name is.
Q Did you date her for two years?
A lIb-hub.
Q And you don't know what her last name is?
A Not today I don't. She might be married, she
might be single.
Q What was it at the time?
A Morris.
Q M-o-r-r-i-s?
A Yes.
Q Was she also a law student?
A No.
Q Do you have any idea where she is today?
A No.
Q What was your last known address for her?
A I don't know.
Q I want to go back to discussing your law school
career. In law school, did you work for lhe law
library?
A Yes.
Q And what were the dates of that employment?
A I'm not sure .
Q Give me an estimate.
A It was sometime durin" lhe first vear of law
12 (Pages 42 to 45)
sonanza Reporting-Reno
dOl?
775--786-765
Sdc414bb-et63-42.4-aca.-aO 1a 72eee
COllg
zachary Coughlin
March 2. 2007
Page 48
Page 46
school.
Q So in 2001? I'm sorry in 1999?
A Ilhink so, yes.
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.-;nd how long did you work there?
A I m not sure.
Q Is. there anything that would refresh your
recollection regarding the dates of employment?
7
A ~ayhe s~me sort of payroll.
8
Q . I ~ handmg you what's been marked as Exhibit 9
4. ~IS .IS a State Bar of Nevada Application for
10
Ad~l~slOn. 200 I, Data Input Sheet. Do you recognize 11
12
Exhtblt 47
13
A Yes.
14
Q How do you recognize it?
15
A I believe it's data input sheet.
16
Q Is this something that you filed with the State
17
Bar ofNevada7
18
A I believe so.
19
Q Did you fill out this fonn?
20
A I believe so.
21
Q What 1'd like you to do is tum to what's
22
called attachment A. It is the first attachment to the
23
application for admission input sheet. Do you see
24
Exhibit A or attachment A?
25
A Yes.
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Q
A
Uh-huh.
Page 47
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15 application?
16
A NOlan purpose.
17
Q Is there a reason for yOU to believe that those
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21 carefully.
22
Q Why did yoU stop working for the library'?
23
A I don't know exactly. I remember -- I'm not
24 sure.
25
Q Were you tenninated from your emol~yment'?
13 (pages 46 to 49)
775-786-765
Bonanza Reporting-RenO
In, ')
SdC414bb.ef63-42&4-acaa -a01a12 ee
Coughlin -
An
March 2,
Zachary Coughlin
Page 52
Page 50
~1
to continue as an employee.
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Yes.
Q Who was that?
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Q
A
Whodid?
Corey Staley.
And what did he say?
That he wasn't happy about it, 1 believe.
Anything else?
Not that I remember.
Q Had you ever known anyone else during your
employment with the law library to take any money out
the change box for their own personal use?
A I'm not sure.
Q Did you ever replace the money?
A Yes.
Q When?
A The follow ing morning.
Q In law school, was there an incident where you
complai ned to a professor who gave you a B in your first
semester?
A rm not sure.
Q Did you ever make any complaints against any
professors during law school?
A Can you define complaint?
Q Did you ever write a letter to the Dean or to
the professor complaining about the professor's
perfonnance in a class or behavior in a class?
\
14 (Pages 50 to 53
Bonanza Reporting-Reno
NV 89509
I I.
Page 56
Page 54
,1,
'2
March 2, 2007
Zachary coughlin
Q
A
to.
2
3
Q
A
1
2
3 C. Luce.
Page 55
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this.
Q
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question.
A Okay. Could yoU repeal the question?
Q Is this the draft paper that you turned in'?
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A
0
I believe so.
15 (pages 54 to 57)
775_7B6-7655
sonanza Reporting-RenO
ulli3
5dC414bb-ef63-4284-acaa.,a01172eee67
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Page 60
investigation'?
A As I mentioned earlier, that is nOI something I
could say with particularity what I was being accused
4
of, and I'd be curious if you might be able to do that
5 as well. From having access to all these, if you could
6 teU me or somebody at some point could tell me exactly
7 what I was being accused of.
8
Q Did you ever ask what you were being accused
3 of?
l O A Yeah, I believe so.
11
Q Were you everinfonned?
12
A I couldn't say that I was informed with any
13 degree of particularity other than we think something
14 went on that shouldn't have gone on.
15
Q Was there a question about whether you in fact
16 turned in a paper when it was due to Professor Tratos?
17
A I don't know.
Q Isn't it true that -A I didn't feel I was in a position really to gel
20 very much information.
21
Q What is your opinion of the content of your
22 e-mails to Professor Tralos'?
23
A Can you be more specific?
24
Q Do you believe -- I would like you to describe
25 what vou would characterize vour e-mails 10 Professor
1
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March 2, 2007
Page 58
".,
Zachary Coughlin
2001.
8cnanza Reporting-Reno
Page 61
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Tralos to be?
A i don't know, a learning experience.
Q I'm specifically asking about the content of
your e-mails. Would you characterize them as
professional?
.
A I'm not sure. I don't know quite what you mean
by professional.
Q Reading through these e-mails now, what is your
opinion of your e-mails to Professor Tratos?
A Something lleamed from.
Q And describe that, what do you mean you learned
from?
A Just 1 think 1 learned that if you're accused
of doing something, that you need to have respect for
the process regardless of whether you think that you
should be accused, and that I need to choose my words a
lot more carefully. I was 24 when this was going on.
Q Would you handle this differently today?
A Yes, I believe I would.
Q How so?
A They'd be a lot shorter.
Q The e-mails?
A Yeah.
Q What else, anything else?
A I'd like to think that 1 would have backc:d ~P_
16 (pages 58 to 61)
775-786-7655
5dc414bb-effiJ-42a4-acal..a01 a72eee673
COughlin
An_
r - -_ _ _- _
Applican t
for
AA_~
'-"'''''81>..",_
March 2, 2007
coughlin _
An
MPP
~
1 icant for Admission
Zachary coughlin
Page 64
Page 62
1
'2
3
. paper
I
. ' 1 wou Id h ave had more procedures
my
better.today
10 p ace t~ aVOId bemg at the mercy of a laptop die.
Qh' Gomg to the content of the e-mails was th'"
anyt
.
. . mg go'mg on .
m your
hfe at the time that you were
wn~mg
these
e-mails
that
caused
you stress?
5
. Well, I had just taken the bar. I took it
7 whIle ,I was still in school, so 1 think thai made it
especlally stressfuL
Q Anything else?
A I took it a year early. I took it while 1 was
10
11 still in school.
Q Anything else'?
12
A I don't know. I'm not sure what you mean.
13
Q Were you drinking alcohol during this time
14
,.,.
15 period'?
2
3
correct?
.
A I do recall seeing Dr. Hunter.
Q And what were you seeing him for?
7
A I'm not sure. I recall my attorney at the time
being
instrumental in me seeing bim.
9
Q
And do you still see Dr. Hunter?
10
A
No.
11
Q Do you see aoy other therapists?
12
A I'm going to object to that, coofidentiality
13
14 grounds and physician/patient privilege.
15
Q You cao still testify about who these people
16 are if you're seeing them. You don'l have to testify
5
17
"20
21
22
23
2'
25
17
18
month.
Q Is this the same psycbologist tbat you had been
21 seeing that you advised the State Bar about? Actually,
22 strike that. 'Who is the psychologist?
A Oliver Ocskay, O-c-s-k-a-y.
23
Q And you're still seeing Dr. Ocskay?
2'
A Yes.
25
Page 65
19
20
Page 63
2
3
,.
22
23
-"
'.
lifeAright
noW?I think everybody has sources of stresS
yeah,
Dr.Ocskay?
A Since 1 believe early 2003. Maybe mid to early
2003.
Q And he's in Reno?
A Yes.
Q How often do you see him?
A Approltimately once a month .
Q As part of your application to the Nevada bar,
there was a hearing before 1 believe the Committee of
Bar Examiners on March 1st, 2002. Do you recan that
10
7
11
12 hearing?
13
A Yes.
14
Q At some point that hearing was terminated. Do
15 you recall the reason for the termination?
A No, not with particularity.
17
Q Do you recall your mental state at the time of
,.
the hearing?
A I'm not sure what you mean.
19
Q Was __ first of all, were you represented at
20
21 that hearing?
A No, I wasn't.
22
Q Do you recall how you reacted during that
23
24 meeting?
25
A ValJl.lelv .
18
17 (pages 62 to 65
In their life.
775-186- 76
sonanza
Reporting-Reno
lin I 7
Sdc414bb.ef3-'2a4.acaa-a01a72e
Anm;~~inn
Page 68
Page 66
i.
,.
17
i'
A Yes.
,.
,,.
Yes, I did .
Yes,l did.
patent bar?
A I believe I'm a registered practitioner.
Q What does that mean?
A That ] can prosecute patents before the patent
10
3
4
S
9
counsel?
1
2
3
A Yes.
Q And at that time you were represented by
~1
March 2, 2007
Zachary Coughlin
11
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18 (pages 66 to 69)
Bonanza Reporting-Reno
1111
775-786-7655
COughlin
1,
Zachary coughlin
1.
4
5
In
7
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13
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Page 73
Page 71
\~"
7'.5
Bonanza Reporting-Reno
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March 2, 2001
Page 72
Page 70
-2
1
A I was a cashier.
2
Q Where?
3
A Albertson's.
4
Q And where was that?
5
A Reno, Nevada.
6
Q Where in Reno?
7
A West 7th Street.
8
Q How long were you employed there?
9
A I would say roughly two months.
10
Q How many?
11
A Roughly two months.
12
Q Did you have any other employment althat time?
13
A I'm not sure. It's possible I did a research
14 assignment for Tom HaiL
15
Q Why did you leave your employment at
1.6 Albertson's?
17
A I don't know that I could characteriz.e it with
18 sufficient particularity and accurately, but 1 do recall
19 that the manager mentioned to me that he didn't feel I
20 was cut out for this type of work.
21
Q What do you think he meant by that'?
22
A I'm not sure. Perhaps he meant that I didn't
23 have a real talent for being a cashier.
24
Q What was his name?
25
A Steve Wallace .
19 (pages 70 to 73)
775-786-7655
5dc414bb-effi3-42a4~caa-aO' a7 2eee673
5ac41466-6fti3~2a4.. caa"'\l1l!.Tleeebl ;,
~OU9hlin
March 2, 200"1
Zachary Coughlin
Page 76
Page 74
1
2
3
W-a-I-I-a-c-e?
A Uh-huh.
Q So was your
Albertson'
d.d emp Ioymenttenninated by
grounds.
Q You can still answer the question.
4
A And I worked as a customer service
A I d:~,~~~;:~oluntariIY leave that position?
5 representative as well.
I you mean by terminated
5
Q Where?
6
.
Q W ere you fired?
6
7
A A place called West Corporation.
7
A I'm not sure that I was fired
Q West, We-s-t?
8
Q Did you leave on your own 'accord?
9
A Uh-huh.
9
A I don't think so.
Q What is that?
10
~~
Q So if you didn't leave on your own accord how
A It's a call center.
11
would you characterize the parting of ways b tw'
Q Where is it?
12 and Albertson's?
e een you
A Reno, Nevada.
13
.A The manager indicated to me that he didn't
Q What was your position?
14 think 1 was cut out for the job. 1 recaJ1 there being
14
A Telephone support for Cingular Wireless.
15 some talk of cutback. They were cutting hours a lot
15
Q Where in Reno?
16 Uyou made a mistake that cost the company money' they 16
A I believe it's on Corporate Boulevard in Reno.
17
7 would cut your hours, so I don't know if I was laid
Q Do you remember the exact address?
~8 or what.
,9 AQ No.
How long did you work for West Corporation?
19
. Q Did you receive -- are you on unemployment
20
A
I'm
going to object to that because the
20 nght now?
21
21
A I'm going to object to that on privacy grounds.
22 application mentions work for six months or longer and I
22
Q You can still answer the question.
23 wasn't there fOJ six months or longer.
24
Q You can sli11 answer the question.
23
A I'm just going to object to that.
A I believe I worked there about ftve weeks, four
24
Q Certify the question. How do you support
25
Page 77
25 vourselfright now?
\
Page 75
~ weeks, five weeks, something like that.
Q Did you have a supervisor?
1
ha\'e some money saved.
2
A
1
A 1 had a trainer.
3
Q From what?
2
Q Who was that?
A From what?
3
A A guy named Steve.
5
Q Yes .
Q Do you know his last name?
6
A From saving money.
5
A No.
7
Q From employment?
Q And what was your reason for leaving that
6
2
3
~~
~ff
,.
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15
,.
17
;.
20
21
22
A Yeah.
Q
10
11
12
13
14
15
,.
16
A Yes, I have.
Q What type of work are you looking for?
A
Q
A
Not really.
What about prior to Albertson's, where were you
~za
50Reporting-RenO
19
Legal work.
Is there a specifiC field?
employment?
A If you missed, I believe it's twO days or more
of work within the first 90 days, they can terminate you
and 1 was sick for at least two days.
Q Were you terminated?
A I believe so.
Q So what we've discussed here so far, is that
2'
20
(pages 74 to 77)
775_786-1655
, ". ,
DIII
",,-'O!)~
____________
r~
-I
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3
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__
March 2, 2001
~~~~~~_=::~~~ ~'~a~'~h~.~rY~c~O:U~'~h:'=in~----------______________~~~~~~
Page 78
10
11
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Q
A
13
said.
1
2
3
1.5
16
17
18
19
proVlded?
A I believe so.
Q Did you ever question about any other reasons?
.
A I believe so, yeah.
Q And what was the answer?
20
A J wasn't given further answers.
21
Q Were there any other associates working at the
22 finn al the time?
23
A Yes.
2.
Q Were any of me others also let go around the
not.
9
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1.8
19 2006.
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Page 80
13
Lane?
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21 (pages 78 to 81)
Bonanza Reporting-Reno
I I n? I
775-786-7655
5dC414bb-ef3-42a4-acaa-aD1a72eee673
March 2. 2001
Zachary Coughlin
Page 84.
Page 82
4
5
6
7
S
9
10
11
12
employment?
A I believe so. I'm not sure, though.
Q Do you remember where?
A lb'
.
signed
0 ~ech'
I because,
one,have
I don't
know whether I
anyt
. tng
that would
a similar
c
o~fidenliahty clause as that which I just read so l'
gomg to have to object to that. S
'
m
Q Were you
.
orT)'.
H I La
ever glven any negative feedback at
'Ae , Cnetregarding
.......
ou d
d your
. perfonnance with the fi~?
Q W
you escnbe what you mean by negative?
ere you ever advised by the firm that you
on th e track to be leI go?
A I'm not sure.
wer~
1
2
3
4
5
6
7
8
9
10
11
Q Which Macy's?
A The Macy's in Reno.
Q What's the address?
A I believe it's on Meadowood Mall and Virginia
Street. I'd also objecl to thaI as not being covered by
the six month statement in the character application.
Q How long did you work al Macy's?
A I'm not sure.
Q More than a month?
A V s
Q M:;e than two months?
12
13
A
Q
Yes.
More than three months?
14
15
A
Q
IMore
believe
thanso.four months?
18
Were there any written evaluations of your
19 performance at Hale, Lane'?
A I don't believe so, not that I know of.
20
Q Did it come as a surprise to you when you were
21
22 let go from the finn?
A I'm not sure.
23
Q You're not sure whether or not that was a
2'
25 sumrise to you?
Page 83
18
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2'
'.
Q
A
16
A I'm
not sure.
Q
So approximately
three months, would that be an
accurate description?
A 1 think it was longer than that.
Q Approximately how much longer than that?
A I'd say less than six months. Less than five
months maybe.
Q And why did you leave thaI employment?
A I'm going to object because I believe thai
mi~ht be covered bv a confidentiality ae:reement.
Page 85
17
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22
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24
25
No.
1
2
22 (pages 82 to 85)
775-786- 7655
Bonanza Reporting-Reno
II J }
-l
5dc414bb...,163-42114-acaa-a011172eee673
Zachary Coughlin
M.areh 2. 2001
Page 86
Page 88
1
12
A. I would say I'm llol sure that's what I've said.
13 I belleve. at Albertson's I mentioned something about
14 cost CUlling.
Q You also teslified not a good fit.
A J think I said that _.
Q Excuse me, didn't feel cut out for this type of
18 work.
A
Yeah.
20
Q J apologize.
21
A
He didn't feel I was cut out for this type of
22 work.
23
Q Can you describe your opinion of your
/ 24 performance as an employee in different positions?
25
A J would sav I'm someone who tries hard and who
r~l
6
7
8
9
10
11
12
13
14
1S
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Page 87
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6
7
8
10
11
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13
l<
"
,.
16
17
"
20
21
22
23
2.
2'
A Yes.
Q Who is that?
A Well, there's a gentleman I knew from high
school. I wouldn't say Ilmew him all that well, but
there was actually a couple people I knew from high
school. There was another gentleman I knew socially.
Q Who was that?
A Named Kelly Testolin.
Q Are you still _. do you still have a
relationship with Mr, Testolin?
A Yeah.
Q Does he still work at Hale, Lane?
A I believe so.
Q Did you work together at Hale, Lane?
A No.
Q What's his position at Hale, Lane?
A He's a partner there in the transactional. He
does health care.
Q Who else did you work with at Hale, Lane?
A I worked with all the litigation attorneys.
There's about ten of them, and the staff.
Q Is there one 8ttorney thai you worked more
closely with than others?
A No.
0 Did any of those attorneys that you worked wilh
23
Bonanza Reporting-Reno
n/~:
(Pages 86 to 89)
775~7a6-7655
5dc414bb.e163-42a4.acaa.a01 a72eee67 3
':;Ol.lghlin
r _________~An~~Aqp~P:l~eant
Coughlin -
An Applic~-~
....., ...
for Adm'
.lssion
for Admission
.
~1
2
3
4
5
6
7
ac~
11
12
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14
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I ,"
Page 92
Page 90
190
March 2, 2007
Zachary Coughlin
had.
No.
1
2
3
4
5
6
7
a
9
10
11
12
13
14
15
,.
17
18
19
20
21
22
24
25
A
9
10 the start of 2003.
What was the name of that firm?
Q
11
Schuering,
ZiDllllerman .
A
12
How long did you work there?
Q
13
APproximately six weeks.
A
14
Wbat was your reason for leaving?
Q
15
And I object, that might be covered by a
A
confidentiality agreement, but J'Il say that I believe
17
not being licensed in either California or Nevada and
uncertainty as to when that might occur was the
A Yes.
Q Is it conditional, or are you fully admitted?
A I'm going to object to that on the basis of
th~1 being confidential and there might be an agreement
with the Nevada bar to which I wouldn't disclose that
information. I'm oot sure.
Q Can you legally practice law in Nevada as a
Nevada barred attorney?
A Yes, I can.
Q And when did that take effect?
A I believe March of ,OS, March 28th of ,OS,
Page 93
1
2
3
10
11
12
13
14
15
,.
"17,.
predominant factor.
What was your positioo?
Q
Well. I was hired in anticipation of getting a
A
Nevada law license shortly. In that respect I was
23 essentially hired to be an associate who would work on
Nevada cases unli~ I eel licensed in California in which
ri
21
22
23
2'
25
"
"
20
21
22
'.'
"20
in late '03.
Q At the time you were working at that firm,
Schuering, Zimmerman, were you living in Sacramento?
A
Q
A
Yes.
When did you move to Sacramento?
January, the first week of January of'03.
Of2003?
Yes.
Why did you move there?
A Because I was offered that job.
Q So you moved for the job?
A Vh-huh. r interviewed while 1 was living in
Las Vegas. flew up there and was offered the job, so 1
Q
moved up there.
Q And how long did you live in Sacramento?
A
Q
Reno.
California?
24
(pages 90 to 93)
775-786-7655
BOnanza Reporting-Reno
(1 ;1 Lt
5dC414bb-ef63-4214-acaa ..01a72eea673
COUghlin
r-________
-__An~~A~P~P~licant
for Adm'l.ssion
March 2, 200'7
Zachary Coughlin
Page 96
Page 94
2
3
4
5
6
7
No.
,." .
o Where was that?
10
11
12
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~4
.q
Page 97
had ceased.
0 Did your employment with Schuering, Zimmerman
Morshita?
3 cease, was one of the reasons given that it was in any
A Because I got ajob in Sacramento, a full time
4 way related to the DUl in January, 2oo3?
job in Sacramento and the Anderson, Morshita job was
5
A I don't knnw what you mean when you say the
very sporadic.
6 OUL I've never had a OUI.
Q Any other employment in 2002?
7
Q Your arrest in January, 2003?
A I believe I worked for a few weeks as a
8
A I don't believe so.
researcher for a law firm from Oklahoma that was in Las
9
Q Now
Vegas to defend a wrongful death medical malpractice
l o A I'm not sure, though.
11
Q These mailing addresses, however, tet's look
case.
Q What was the name of thai finn?
12 through these and Ijust want you to on each and every
A Johnson, Hannan, Herrin and Trout.
13 one advise whether or not you've ever been evicted from
Q Anything else, any non legal work?
14 any of these residences. Pue these actual residences
15 where you lived as well, or are these just your mailing
A No, 1 don't think so.
Q Any other legal work?
16 addresses?
A I don't think so.
17
A I believe both.
Q Did you work at all . other than the law
18
Q And is there any difference between _. there's
library, did you work during law school?
~9 a residence history at the bottom o[Page I that also
20 lists, it appears to be the same addresses. Were there
A No.
21 any addresses where you lived thaI were different from
Q Legal or non legal?
1
2
No.
22 your mailing address?
1 want to tum to Exhibit 3 which is the
23
A I don't believe so.
wnllen portion of update for moral character
24
Q So I'd like to go through your residence
application of Zachary 8. Coughlin dated February 15th, 25 hist~rv then startinl! at the bel!inninl! of Page 2 and I!O
2007 Do vou rec~{>nize Exhibit 3?
25
(pageS 94 to 97)
775-786-7655
Bonanza Reporting-RenO
(125
5dC414bb-effi3-42a4-acall-8011172tee673
COughlin
r~I~~~~-~An~~AP~P~l_,_-c~.=n=t~f:o~r_A:dm::'~-S~S~i~o:n~__;Z:';C~h~.;r;Y~C~OU~'~h~l~i~n~______________________~~~~~~
~2
3
-4
March 2, 2007
tl U-OUgh -- Were y
Page 98
_
-d
au
eVicted
from
any
ofth
resl ences? There's
ese
AnYthing else?
A I don't know that I w,
.
10
other Ones I don't b I'
s eVICted from any of the
11 remembeth .
e leve so, I believe __ I don't
r e CIrCumstances f l '
12
but I seem to recall the
0 eavlng Humboldt Street,
13 propen-., and th
ow~ers Were redoing the
"Y
ere was a dispute b
repaired some damaged
or ?ot
on t recall exactly how that tu
my IlJUt, and
16
moved OUI and I bel'
rnedowners
out other
17 P
mpe~'
thinleve th ey -- the
soldthan
the I
'.y or some
g, but __
18
Q Do you recall who the Owners were?
19
.
A No.
20
Q
Do
you
recall
__
let's
go
back
to
the
Jones
21
22 Street a~dress, 1255 Jones Street. You testified you
were eVIcted from tbat residence?
23
A
That's correct.
2.
Q
Why were you evicted?
25
A I believe it's because my rent was late.
9
~:lt~ey ~ad
~lXo~:~~~ther
Page 100
12
Page 99
!
1
2
Page 101
1
There was some dispute over how I could owe two separale
months of rent, you know, but no, they haven't been
paid.
2
there "vas on site managers named Ray and Nita Knobel. 3
Q N-it-a?
4
Q Have you ever moved 10 satisfy the judgments?
5
A Yes.
S
A
No_
6
Q Did they handle the eviction?
6
Q
When did you first become aware of the
7
A J believe so.
7 judgments?
B
Q And you said it was for nonpayment or rent was
8
A I'm nOI sure. 1 don't know that __ by being
9 late?
aware
that I'm being evicted, r know there's a judgment.
:0
A Yeah.
10
J didn't understand that, and in your applicalion that
11
Q Can you describe exactly what happened?
11 you filed, that was probably the first time I was aware
:2
A My rent had been late a couple times during the
12 that there was an actual case number and that they had
:i 3 period at which I lived there and I was incorrect in my
13 won a judgment against me.
14 belief that as long as I paid the rent that month with a
I.
Q You mean in the State Bar response to your
IS late fee, it was fine, but I was unaware that they moved IS application?
~ 6 for an eviction and so r was caught by surprise.
16
A Yes.
17
Q How many times was your rent late?
17
Q You had not been aware that there was a money
18
A I don't know. Probably more than two, though.
18 judgment outstanding in your name in these matters?
19
Q Whal happened in tbeprocess oflheeviction?
I.
A I'm not sure. I think by being evicted, r
20
A I was evicted.
20 didn't know how the law worked, but if there was a day
21
Q Were you physically removed from the premises? 21 where I was to show up and argue, I wase', aware of that
22
A An officer came to my premises and told me I
22 because I don't recall being served any sort of notice
23 was being evicted, which I didn't -- that was the first
23 about that.
'4 j had heard oftbat. I didn't.know that. Something
2.
Q Have you since reviewed any of lhe mail that
5 hauoened -.vim me notice such that I didn't 2et it or
2S you've received around that time and found that au were
. ---... . .. ---'-'.'~""
3
26 (Pages 98 to 101)
~aanza Reporting-Reno
Reno, NV 89509
) [12 S
Bonanza
- - - ...
775-786-7655
Sdc414bb-ef63-42a4-acaa-aOb72eee67 3
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.5
Zachary Coughlin
March 2,
Page 102
Page 104
A
Q
A
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Yes.
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Page l03
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that question?
A I didn't believe I had a chemical dependency
that would currently interfere with my abi lity to
2
3
4
5
6
7
practice law.
Q Did you have any chemical dependency at all at
that time?
A I'm nol sure. I don't believe so, but I'm not
11
sure. 1 don't know how one could be sure.
12
Q Were you ever diagnosed at that time with a
13
chemical dependency?
A I don't believe so.
15
Q So as of September 28th sorry, as of
16
September, 2002, you did not have a diagnosis of a
17
dependency?
18 chemical
A Can you explain what you mean by diagnosis?
19
Q Diagnosis. you didn't have any medical
20
diagnosis of a chemical dependency?
21
A Bya medical provider?
12
(J
reason why.
Q What do you think the reason is?
15
A I'm not sure.
16
Q Is this a hobby of yours? I'd like an educated
13
14
"
Q
A
10
11
10
22
23
17
18
19 beneficial to me.
20
Q Mr. Coughlin, do you bel ieve that you have a
21
22
Yes.
No, I don't believe so .
M ofSentem,b~r 2002. v,:uhad.oot received--
25
27 (pages 102 to 10
"
, ,
2007
775-786- 76
eet
Reno, NV 89509
.. '\
c8a-a01a12
Zachary Coughlin
March 2,
Page 106
1
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Page 108
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default?
Q No, any that you haven't paid off yet.
A I'd object to that on privacy grounds, but yes,
I do.
Q Are you in default on any of those?
A I don't believe so.
Q I'd like to go back to Exhibit 3 which is your
update of February 15th, 2007. At this time are you
testifying tbat you were not aware of the judgments
against you in relation to the unlawful detainer actions
until the State Bar -- until you received the State
Bar's response in this matter?
A Yes. I would say that I did not realize those
were judgments or that they fit within the type of
actions that are considered judgments.
Q Why did you pay your rent late in those
instances?
A I don't recall.
Q Did you have a roommate at the time?
A No.
Q You were living alone?
A Yes, I was. This is Exhibit 3 you're referring
to?
Q Yes, It's marked in the right-hand comer
Exhibit 3. 'Nbat about -- are vou familiar with a civil
Page 107
~
2
3
4
5
6
7
8
9
10
11
12
13
1
No.
Have you taken any continuing legal education 2
3
classes since graduating from law school in 2000?
4
A Yes.
5
Q And what are those?
6
A I've laken a number of them. I've taken some
7
OD wills and trusts. some on plaintiffs tactics in
8
litigation, some on substance abuse, some on ethics.
9
Q Do you have a duty to -~
10
A Patent law.
11
Q Do you have a duty as part of your Nevada
12
license to take these continuing legal education
,.
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Page 109
classes?
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28
Bonanza Reporting-Reno
2001
,n n
COUC/hlin _
~ __
March 2. 2007
Zachary coughlin
Page 112
Page 110
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,.
"
California bar.
Q I have to correct that question and go back. I
~ctually don't see anywhere on this update where you
mcluded the civil case against Uni-Shippers, so if you
could please review Exhibit 3 and show me if there is
any mention of the action by Uni-Shippers against
Coughlin Memory Foam.
A Page 5, section 11.2 and 3.
Q Section what?
A 11.2 and 3 on Page 5, middle of the page.
Q I see, okay. "1 was sued in a civil action in
connection with shipping charges," is that what you're
referring to?
A Vb-huh, and the case number is listed there.
Q Okay. Is that judgment still outstanding?
A J believe so.
Q Why hasn't it been paid?
A Because I haven't had the funds to pay it and
I'm not sure whether my appeal rigbts have been
exhausted and I'm nOl sure that that amount is correct.
Q I'm handing you what's been marked Exhibit S.
Exhibit 8 is an e-rnaU from Rob Waltoo to Lynn
Thingvold, T-h-i-n-g-v-o-I-d, subject, Zach Coughlin.
Can 1 ask you who Lynn Thingvold is?
She is a o:iraJ.lel with the State Bar of
Page 111
15 Zanaibar27
A I'm not sure.
Q You're not sure wbether or not you ever had an
e-mail address of Zanzibar2@honnail.com?
19
A Tha\'s correct.
Q Did you ever have a hotmail.com e-mail address?
10
A Yes,
\21
22
Q And what were those e-mail -- what is that
23 c-rnail address tnat you have with holm ail?
A I have one that's just my name, Zach Coughlin
oJ'
' 5 at hOlmail and I've had a number of others over the
i ~~
1
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~111
775-786-7655
5dc414bb-flf63-42a4-acaa-a01172eeeS73
Coughlin - An Applicant for Admission
),
Page 116
Page 114
2
3
1
2
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4
,..,arch 2, 2007
Zachary Coughlin
My
10
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,.,.
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;.,!
I. 0:.4
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A
Q
B
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A I believe so.
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in fronl of you?
20
A Yes.
21
Q Whal I'd like to go through now are, you listed
22
some past due debts starting with Page 5 and going
through Page 8 .or your update and I'd like 10 go through 23
each and every one or these and for you to describe what 24
25
they are okav? The first one is Are.on A2:encv Inc.
Uh-buh.
What is that'?
-6-
775-786-7655
5dc414bb~ffi3-42a4-acilil-a018 72eee67:J
.~ughlin
1
1
l.
)2
3
4
5
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7
An
Page 118
with Coughlin Memory Foam in some way.
Q Has it since been paid?
A
Q
.A
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:.0
~1
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24 5
still owing.
There was a fairly confusing set of
3 circumstances with Wells Fargo wherein they closed down
4 the credit card account for Coughlin Memory Foam and
S froze some of the money that was in it and -6
Q We'll get to that one. That's the last one on
7
your sheet; is that correct?
8
A Uh-huh.
9
Q We'll get to that at the end. I just want to
lOgo 10 the next one so we can go in order. The next one
1 ~ is Collection ServiceINEVDA, original creditor River
~2 Anns Apartment. Is that -- whal is that for?
~3
A I believe that's the same debt thai the
~4 unlawful detainer action covers.
~5
Q And under status, it says creditor cannot
16 locale individual/collection accounl, S 1532 past due as
17 of November, 2006. Do you understand what that means,
~ 8 creditor cannot locate individual?
~9
A No.
20
Q Is tbat something directly from the credit
2~ report?
22
A I believe so, yeah. Maybe that's why I wasn't
23 served. I don't believe I was served.
24
Q Let's move on to Cred Protections Assoc. What
25 is this in relation to?
~
Page 120
l'
--
Mal::ch 2, 2007
Zachary Coughlin
Page
~~9
2
3
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10
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~2~
uD3 1
775-786-7655
5dc414bb-effi3-42a4-acaa-~01 a12eee67 3
-',IUSlhlin
An A. 1
pp icant for Admission
Zachary Coughlin
March 2, 2007
Page 122
so --
Page 124
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Page 125
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_
_
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____~
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1032
775-786-7655
5dc414bb-ef63-42a4-acaa-a01a72eee673
Caughlin - ....
,,_, Applicant for Admission
Zachary Coughlin
March 2, 2007
Page 126
1
2
4
5
6
7
10
Q
A
12
13
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3
4
8~~_~~~~.er IS 771-9132.
11
Q
A
14
Q
15
A
16 anyone In particular.
17
Q S~ Judge Charles McGee, is that -- do you have
a professIOnal or personal relationship with Judge
19
McGee?
20
21
22
23
2.
25
5
6
7
,.
Page 128
~o
Of Nevada?
Yeah.
Q What is Lawyers Concerned for Lawyers?
A That's the entity affibated with the State Bar
of Nevada that Coe is the president of. and it's -- I
would say it's a mix between the Other Bar and LAP .
Q For Nevada?
A Yeah.
Q It's analogous to the California Other bar and
LAP?
12
Page 129
Page 127
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He's inactive?
A Yeah.
Q Is he also licensed in Nevada, do you know?
A I don'l believe so.
Q John Kadlic, personal or professional?
A More personal. I might have done one research
project for him at one point,just a small research
projcct.
Q What about Dave Wiggins?
A I was just going to say I do remember Alan
Westbrook, my supervisor at Perry and Spann, saying he
would provide me a good reference, and _.
Q Can we get back to Dave Wiggins, is that a
personal or professional?
A Personal.
Q And what about John Estes.
A That's personal.
Are Dave Wiggins and John Estes attorneys?
A No.
John Kadlic, he's an attorney?
A Yes. He was a Judge, but now he's an attorney.
Q What about Cae Swobe?
A He's an inactive attorney.
Q Inactive in Nevada or California?
A Nevada. He's with the State Bar too.
o
o
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A Yes. California?
Q Yes. And al thai time at the conference, you
did discuss your relationship with alcohol, correct?
A I believe so.
Q So I just would like to know why you refuse to
discuss your relationship with alcohol at this
deposition.
A I don't know that I've refused to discuss my
relationship with alcohol. I can't acknowledge that
that's what I've done.
Q Well, you have claimed privileges in response
to my questioning regarding alcohol in this deposition,
and my question is, why are you claiming privileges and
not discussing your issues with alcohol now when you
were forthcoming at your informal conference in July of
2004?
A I'm not sure that that's what I'm doing. If
thai is what I'm doing, I'm not sure why I'm doing it.
Q At your informal conference, you discussed
being a member of Alcoholics Anonymous?
A I don't know thaI I said I was a member.
Q Actually, you know what, I'm handing you what
I'll mark as Exhibit 12, and this is a transcriotion of
eonanza Reporting-Reno
,,033
775786-7655
5dc414bb-ef63-42a4-acaa-aOla72eee673
"''IOOIIV
March 2, 2007
Cuughlin _ An Applicant for Admission
zachary COughlin
page 132
Page 130
,,2
3
4
5
6
that to you..
A Okay.
. Q ~ould you agree that you did discuss your
Issues Wlth alcohol at the infonnal conference?
A Sure.
Q Now, is there a reason why you will not discuss
your relationshlp with alcohol today?
A 1 think that 1 will discuss my relationship
. 7
a
9
10
11
12
13
14
5
6
7
letter.
8
9
12
pay dues.
Q Do you go -- do you attend meetings for
Alcoholics AnonymouS?
A Yes,l do.
Q Do yOU attend those meetings because of
25 Q!"oblems that vou have with alcohol?
page 131
23
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15
16
ZACHARY B. COUGHLIN
18
19
20
21
22
23
24
25
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2
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6
Yes.
Are yOU testifying today that you did not write
this letter?
A I'm not sure. It's possible 1 wrote this
:"'"7 AnonymouS?
18
A I don't know what you mean by member. H's not
19 like the NRA where you register with somebody and you
22
3
4
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21
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Page 133
STATE OF NEVADA
) ss.
COUNTY OF WASHOE
)
)
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1,
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"
\19
"
34
BOnanza Reporting-RenO
0311
SdC414bb-effi342a4-8Caa-aO' arleee
March 2, 2007
Coughlin - An Applicant for Admission
Zachary coughlin
Page 134
1
)2
STATE OF NEVADA
)
COUNTY OF WASHOE
) ss.
21
22
23
24
.25
~~~~____~-------------------------l
12:
35
775-786Bonanza Reporting-RenO
March :2,
Zachary Coughlin
7.007
page 1
90:1097:14
101:12
AA 31 :12,15, 19,24
ADA 34:25 37:4
104:9,11,15,19
43:17105:22
105:1 106:14,15
added 8:2 67:15
106:20
ability 6:22 103:2,7 addicted 106:2
addiction 36:9, II
134: 16
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102:18,21
123:11
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above-captioned
addition 8:2
115:9 \\6:10
121 :22,24
applications 8:3
agreement 79: 14
analogous 128:9
analysis 106: 11
Anderson 69:14
approximately
80:12,1583:5
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92:18115:5
ahead 12:18 31:14
34:5
Airborne 113 :23
airport 52:6
Alan 94:25 124:4
127:10
additional 124:9
AdditionaDy
above-referenced
100:22
Albertson's 73:3,16
40:12
address 23 :21
74:4,1275:21
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45:1676:1884:3
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32:17,18,1933:3
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36:10 37:1,4,6,13
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105:21 106:2,6,16
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106:20 129:5,8,11
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28:1847:7,20
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48:584:18
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29:7,9,10
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29: 16,22
82:11,16
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31 :10 33:2,12,14
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affairs 13:6
acquaintances
35:4 105:7 129:22
affect6:2162:17
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affiliated 128:4
acquired 9: 15
alcoholism 106: I 3
affiX 49:20
act51:18
AUow23:12
AFNI-Inc 117:7
action 100:25 110:6
ameod48:4
age63:7
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amendment 19:14
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134:20,20
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\\:21,2312:1,7
31:1434:535:24
38:2441:1744:2
44:2457:2074:22
76:3,2478: 19
80:785:3 102:24
122: I
answered 103:3
answers 78:20
anticipation 91 :22
anybody 32: 18
apartment 26: 17
120:12
Apartments 100:9
100:10
apologize 86:20
appeal 109:22
110: 19
appeared 133: \\
appears 97:20
133:11
Applicant 1:8
application 7:4,9
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April 38: 13 39:20
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Arden 15:12
area87:13126:12
Argon 115 :25
argue 101:21
Arms 100:9,10
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arose 12: 16
arrest 11 :3,6,9, 12
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arrested 17:13,14
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Assoc 120:24
associate 77:22
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associates 78:21
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assume 6:8
assumed 56:8
atmosphere 5:16
attached 41:8
attachment 46:22
BonADza Reporting-Reno
775-786-765!
March 2, 2007
Zachary coughlin
Page 2
~t
46:22,2447: 1
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attempting 106:23
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attorneys 69:3,4,11
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ATTORNEY'S 4:1
audible 5:25
August35:1872:19
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authorization
40: 10,13,17 41 :9
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available 58:8
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, avoid 26: 16 62:2
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--
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March 2, 2007
Zachary Coughlin
Page 4
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775-786 7655
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March 2, 2007
Zachary Coughlin
Page 6
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128:20
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000039
J.
To:
cc:
Matthew WriSht
101]112001 07:59 PM
Kory Staheli/UNLV@UNlV,ChnstlneSmlth/UNlV@UNLV
I left
you both voicema,'s
- case you need that lor investigation
ur oses'
.
, ' but he
re IS some 'h
mg In Wrl-,-mg, In
p p
. III be In on Friday, but not until afternoon before the faculty meeting.
We have a computer in the microforms room thai is attached to a scanner The computer is
~eslgned to ~e used WITH the scanner, not alone as a solitary computer. The computer has an
Qut of Order sign taped to the mom tor . I taped thiS sign to the monitor a week ago because
there are a few ~ugs that need to be worked out lirst. Don and I have been working on the
computer at various times to fix it. In the meantime, it is obviously not supposed to be used by
any patron for any purpose.
entered the microforms room at approximately 6:30 p.m. Thursday night and the monitor,
keyboard and mouse were all mlssmg. I Immediately thought they were stolen. I looked and
wandered around when I ran mto Zach. Zach had disconected the momtor, keyboard and mouse
and had moved them to one 01 the carrels in the microforms room and was using the keyboard
and monitor at the carrell. He told me that he was using these items and had moved them and
admitted that he disconnected them. He said that his reason was that his laptop did not seem to
work when he plugged It into the ethernet connectIOn so he decided to use ours instead.
I asked him to replace the items immediately and he did so.
A few concerns:
The machine had an 'Out of Order' sign on it. It is not meant to be used.
2. Even If it had not had an Out of Order sign on it, it is not acceptable to take ANY of the library's
computers, even those that are working, and disconnect them and take them to an entirely
different location and use them at individual study carrels. It deprives someone else of using the
~omputer. Zach tried to argue with me by saying that because it was Out of Order, it would not
deprive someone else of using the machine. However, I needed to use it at that moment to try to
get it fixed and it was unavailable. And, in any event, he should not be messing with our
eqUipment.
3. now have to go through the task of reconnecting the various parts to make sure they work
properly (or Don does, but either way, it's a hassle for someone).
4 HIS 'excuse's totally bogus. I have no idea why his laptop would not work, but Shawn was m
because I spoke with him after I spoke with Zach so if he had laptop problems, someone was here
to ~elp him. And, he could have used the computers in the lab in any event.
5. Had I not found him when I did, I would have called Public Safety and reported them stolen
which would have created additional problems for the library when and If we found out they were
not stolen. Although Zach did not steal the computers from the library, he misappropriated one
for hiS own use.
Finally, he asked me If I was going to report this to the administration. I did not respond to the
uOOI
.. _-
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.......
_-_JUsr/ce I;oun rb _" __
000040
question.
Let me know jf you need more detail. "II be in a few hours before the faculty meeting if you want
to discuss it.
Matthew
,) 0 02
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000041
From:
To:
Christine Smith
cc:
Matthew Wright
Subject' Scannmg Machine for the Library (damage)
1 When the machine was plugged backup the mouse was not put in correctly.
(eaSily corrected, the mOuse was just unplugged and replugged back in)
2_ All screws where tightendown TIGHT. (thiS is not all bad but can cause some problems)
(Its best to finger tight them no extra finger light)
The problems listed above ... 1 and 2, had to of been done by him because thatst he only way they
could have occured. (from what I understand, Matt, laid me that he put it back together)
The other problems I can not place directly on him they are problems that would have required
someone playing with the machine and do not happen by themselves but I can say if they where
done last night or done last monday. I know as of a week ago lasl Ihrusday they where not a
problem.
When I finish fixing the machine and get it back on the floor, I can tell you about the Printer and
Matthew will have to check the scanner and make sure it working this weekend.
Just from a quick look at the machine, I can tell you the cables have been moved around. The
",eyboard and Mouse and J am guessing the monitor where detfinely moved off the desk. (This is
not Good). As for the computer being moved, I can't say exactly that it was moved to another
locallon I do know it was unplugged and replugged back up. (thiS is not good either).
I should have by the end of the day the machine backup and running so Matthew can check out
the scanner and programs for the scanner this weekend for any coruption. (I am guessing there is
none but it does need to be check out).
Don.
u003
,..
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.JUSTIce'
_ ~OUrt rio.:'
..
From:
000113
Christine Smith
Matthew Wright
Sublect: Scanning Machine tor the library (damage)
To:
cc:
1 When the machine was plugged backup the mouse was not put in correctly.
(easily corrected, the mouse was just unplugged and replugged back in)
2. All screws where tightendown TIGHT. (this is not all bad but can cause some problems)
(its best to finger tight them no extra finger tight)
3. Novell Client, program is missing off the computer.
(Reinstalled the client)
4. Found a user name of "Hicks on the machine
(Removed the hicks user and went back to the Pub Scanner user)
5. Word had to be reloaded.
(fixed, word was reinstalled)
The problems listed above ... 1 and 2, had to of been done by him because thatst he only way they
could have occured. (from what I understand, Matt, told me that he put it back together)
The other problems I can not place directly on him they are problems that would have required
someone playing with the machine and do not happen by themselves but I can say if they where
done last night or done last monday. I know as of a week ago last thrusday they where not a
problem
When I finish fixing the machine and get it back on the floor, I can tell you about the Printer and
Matthew will have to check the scanner and make sure it working this weekend.
Just from a quick look at the machine, I can tell you the cables have been moved around. The
Keyboard and Mouse and I am guessing the monitor where de1finely moved oft the desk. (This is
not Good). As for the computer being moved, I can't say exactly that it was moved to another
location. I do knoW it was unplugged and replugged back up. (thiS is not good either).
1 should have by the end of the day the machine backup and running so Matthew can check out
the scanner and programs for the scanner this weekend for any coruption. (\ am guessing there is
none but it does need to be check out).
Don.
uOOL!
-- -
..-..
__
000038
CONFIDENTIAL
MEMORANDUM
TO:
FROM:
DATE:
RE
On the evening cfOctabef 11, 2001, Zachary Coughlin disconnected a computer monitor,
keyboard and mouse which are set up in the microfonns room of the UNLV Law Library (see
attached memorandum fro~ Matthew Wright). This machine is not for general student use, We
have two computer labs with over 30 computer stations as well as carrels with network
connections. Mr. Coughlin chose not to use these facilities and decided to dismantle. without
authorization, an entire computer station dedicated to the purpose of reviewing microforms in the
mircoforms room.
f do not know what Mr. Coughlin's intent was when he dismantled this computer station.
However. without authorization, he cer1ainly inappropriately used the equipment. In addition, it
look our computer technician time to reassemble the equipment, and aUf librarian had to spend
valuable time inspecting the system to ensure that it was working for its intended purpose. If Mr.
Coughlin had not dismantled the equipment, these two staff members would not have had to
spend this time fixing the problem created by Mr. Coughlin ..
J am requesting that this incident/complaint be added to the current complaint filed against Mr.
Coughlin.
Enclosures
cc: Zachary Coughlin
Dean Mary LaFrance
J005
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00000'1
1lliL\:
Memorandum
To:
.fP
Dr. ChriShne Smith, Associate Dean for Academic & Student Affairs
cc:
From:
Date:
112512002
Re:
10
This is the restitution fme from Zachary Coughlin resulling from hisjudicia\ CUt involving misuse of
the Boyd School of Law Library compUicrs and the resulting staff lime Incurred florn restoring the
computer to its original stale. Please deposit Ihis check inlO whattver account you deem most
appropriate \0 help in restoring the costs incurred from Ihis incident.
1006
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000143
Zachary Coughlin
4400 South Jones Boulevard, Apartment 2080
Las Yegas, NY 89103-3352
Dear lach:
I have received a complaint from Dean LaFrance alleging Ihal you have violaled the Univmity
SlUdent Code of Conducl, Seclion YF, "academic olTenses including chealing, plagiarism, and
olher fonms of academic dishonesIY". Dean laFrance has mel wilh Professor Tralos and has
reviewed correspondence belween you and Professor Tralos. As a resuil of her meeling and her
review Oflhe correspondence, she has asked me 10 conduci an inveSligalion 10 delenmine if you
provided
statements to Professor Tralos regarding the submittal of the requited paper for the
CyberJawfalse
Course.
Please
COntaCI
me as SOon
as possible, bUI no lalerlhan OClober 4, 2001,10 schedule an inlerview
to
discuss
Ihis serious
matter.
Sincerely,
Christine Smith
Associate Dean of Administration
and Student Affairs
cis
CC '
Dean LaFrance
uaGI
....
.... .
000140
Christme Smith
10/04/200103:56 PM
To:
cc:
zachcoughlin@hotmaiLcom
,..
At Our meeting on October 2, I asked you to prepare a memo to me outrining your explanation
regarding
on
Octoberthe
10.submission
Thank you!of yOur Cyberlaw paper. Please provide me with that memo by 5 p.m.
dOOZ
...
~
"Zacharias
~ .:....:....:;;) PM
To:
cc:
Coughr"
In
000120
..
smithc@ccmail.nevada.edu
Dean Smith,
I believe the emails .
'II
" .
~' need to make the contacts to make the decision that you should do what you
an to clean up this mess. Also, I am currently losing money and mounting
damages because I have to attend Dean LaFrance's IP class. I have missed
several classes because I could not anticipate the ridiculous way in which this
matter has be~n handled and. have had to arrange my life accordingly. Should
Prof LaFrance 5 email, which In my opinion was entirely too conclusory for
someone getting paid to be a Dean at Nevada's Law School make it that she has
a conflict in regard to having me in her class, please alert
~e so that I won't
0001~1
Lastly, given my interest in SCientology and tolerance overall, I would like to know
why Mark felt the need to declare to the class that "his personal beliefs would not
allow him to represent an organization like the Church of SCientology", especially
since he apparently has no problem representing pornographic web sites. I was
further troubled by the fact that the word "Tits and I believe a naked picture of
Brittany Spears made its way into a PowerPoint presentation seen by the class.
Certainly, I am an advocate of free speech and whathaveyou but I did not really
see any relevance in this material, save the fact that it had a connection of the
most tenuous sort to cyberlaw in general. Probably the student evaluations will
shed some light on this .
Nevada Raised,
Zach coughlin
.j
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00011.0
CONFIDENTIAL
MEMORANDUM
TO:
III
Phillip Bums
Student Judicial Affairs Officer
FROM:
Christine Smith
Q.1{'i..UJb..Iu....
Associate Dean
'P t.ciD
DATE:
RE:
Mr. Coughlin on October 2, 2001 to discuss this very serious matter. Mr. Coughlin
denies committing any wrongdoing. I asked Mr. Coughlin to provide me with a written
explanation of the circumstances connected with this complaint, and I informed him that upon
receipt of his written explanation I would determine if this matter should be referred to you for
investigation.
After reviewing Mr. Coughlin's explanation and what I consider to be intimidating and
somewhat hostile emaiJ correspondence sent to me and Professor Tralos, I have detennined this
maner should be investigated as a Code of Conduct matter.
Please notify me in writing of the final resolution of this matter. Thank you.
Enclosures
,
cc: Zachary Coughlin
Dean Mary LaFrance
Witham S. Boyd School of Law
4505 Maryland Parkway Box 451003 Las Vegas, Nevada 89154-1003
1702} 8953671 FAX (702) 895-1095
005
'"'.
00 {WJ O
(Zachary Coughlin)
Date:
I
j
LlD 06
- -
(
AFFIDAVIT AND ORDER
U,' ~ L, i
Plaintiff
.~\' ..e.(" ~
NOTICE
Ifeither party requires a cour1 reporter, you
will need to callihe court reporter's office
at (775) 325-6575, five (5) Judicial days
prior to the hearing dale to make
(Iol'-!-)
Phone No.
~ '3 "'I
bCOO
2..v-~c...~'l
c.ou~c..
(11'5)
Phon. No.
89509
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DBA.
arrangements.
VS
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CalendarecIrtARCH
d.
2005
FEBRUARY 8, 2005
Fn,d
AFFIDAVIT OF COMPLAINT
D-'2:f....nJ~'l
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0\1 ....
?oct
11
of-
C-ouf""'e
.....,,,,,~S
....
This d8c:Yrant hil5. c)emanded payment Qf saod ..... Tho deIendanI(f) refused 10 PfY !he same and no
c\IIt~ redOOsl;&ot.x- ~~ or Is~ r; '" Ihe Reno Tawnship
Dale
ORDER
THE PEOPLE OF THE STATE OF NEVADA, kI the WI~med defef'>d.8nt(s) You.", he<ebVd"8Cled 10 8P;>11ar 8~
court 81
MARCH
'~lfof
as,
2005
111 :15 P
Mreselfof
.al
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M flI'Ht lor
It
__________________________
PLAINTIFF AND DEFENDANT SHOULD EACH BRING ALL BOOKS, PAPERS AND WITNESSES NEEDED. DEFENDANTS
FOR MORE INFORMATION ON W
NEXT, see THE BACK OF THIS PAPER. THE CLERKS AND JUDGes MAY
NOTGIVEYOULEGALADVI
i\Iodon
FEBRUARY X
copy 01 \1'\0
or Iilss of the
c.m 0A""""
of Ift.s-
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____
M dateresel
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MARIE l.ETCHEMENDY
\~
ClERIC OF THI:
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AfFIDAVIT AND ORDER
Plaintiff
,,;:
NOTICE
Phone No.
VS
...,. _" {
Defendant
c.t
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3
Dept. No.
Cos. No. RSC 2005-000301
-----=------
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DBA
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HII 'IIIITE XK 1'# RENO NV 39509" _.... __
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11 '5
Phone No.
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FEBRUARY
8,
2005
AFFIDAVIT OF COMPLAINT
c..O(U,,"-~Os.r o~~o
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ThIs declat8nl has. ~anded paymen~.t $aid &Uffi The defandant(s) refused to pay IN
:!e1endant !lIIides
or does bu$ines$
or is employed ~ in Iha Reno Township
f1I.
ORDER
"'-IE >a:lP'_r Of THE STATE OF NEVADA. to thewithin-rlamud defeodanl(S)- You are hetebyOreded ........ ~
""" ,
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-"'----------
811:15 P
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81
PlAlNT1Ff AND DEFENDANT SHOULD EACH BRING ALL BOOKS, PAPERS AND WITNESSES NEEDED. DEFENDANTS,
FOR MORE INFORMATION ON
see THE BACK OF THIS PAPER. THE CLERKS AND JUDGES MAY
~""'lI.--
M.<latereset' _ _ _ _ _ _ _ _ _ _ _ _ . " , - - - M
:.",,~_
Mdatero'I!I' _ _ _ _ _ _ _ _ _ _ _ _ ." _ _ _ M
MARIE L.ETCHEMENDY
CLERK OF WE COURT
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TELEPHONIC HEARING
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Default Judgement
HearingITrial Held
Continued To:
Pllf and/or Def Paid for Court Reporter
Stipulation or Dismissal filed
Under Submission
Cross Claim
Default Judgement
HearingITrial Held
Dismissed w/o Prejudice
Dismissed wI Prejudice
Judgement for DefendantICross Claimant for:
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Continued To:
Pltf andlor Def Paid for Court Reporter
Stipulation or Dismissal fded
Under Submission
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To:
From:
Re:
Case #:
F f L. ED
BLt~~
Please find along with this letter the request for executioIfiiiijj\<uha
De for your
court _ $6.00, one for the Carson City Sheriff's Office - $34.00, and one to he forwarded
to the employer - $5.00).
Please :file the execution for the garnislunent of wages on my behalf and forward to the
Carson City Sheriff's office along with these instructions and the other two checks.
CARSON CITY SHERIFF:
Please serve the following local agent for the company where Zschary Coughlin works:
Corporation Service Company
502 East John Street
Carson Ctty, NY
89706
ATfN.
Federated Department Stores
9111 Duke Blvd.
Mason, OH 45040
included please find cbecks:
$34.00 for your fees
$5.00 to send to Federated Department Stores via. Corporation Service Co.
~~smatter,
Rob Walton
Unishippers
5655 So. Yosemite, Suite 306
Greenwood Village, CO
80111
720.488.4218
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Or either of them, either in property or money, and is the debt now due? If not due,
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Are you an employer of one or all of the defendants? If so, state the length of your pay period and the
3.
/J ()
Did you have in your possession, in your charge or under your control, on the date the Writ of
Garnishment was served upon you, any money, property, effect, goods, chattels, rights, credits, or chases in
action of the defendants, or either of them, or in which ___-________ ,is interested? If so, state its value
and fully state all particulars.
ANSWER:
4.
Do you know of any debts owing to the defendants, whether due or not due, or any money, property,
or
In
which~_..::::.===____.._ijs interested, and now is in the possession or under the control of others? If so,
'fJ/Ar
Al'OSWER:
.s.
-_.
--------
-'"
-----.---~-.----.-
.-~---
State your correct name and address, or the name and address of your attorney upon whom written
--=-
Al'OSWER:
FEDERATED PAYROLL
911 1 DUKE BLVD.
PRIl'OT THE NAME AND JOB TITLE OF THE PERSON WHO FILLED OUT TillS FORM:
I,
PC"'Pl.k;
ay
,M
R..I""'"'"*" t,
--
.,4'.;b~~0;t:-.O.~===~:;;
SUSAN J. DON\!j)""'J
NOTARY Dr !Qllf'> ~.,.:~.~ ...";;'~ "", ...
Signature
U007
."""'.
r
(
Initiator: Unishippers
5655 So. Yosemite SUite 306
Greenwood Village, CO 80111
F ILED
Phon" 0
Attorney for:
Court:
'05
MAR;n .. HC q, , y
JIJ:b{t~
_ ~, '
- - R.::..
81': 1<c.'.[1
Plaintiff: Dnishtppers
Defendant: Zacbary Coughlin
Hearing:
VEPt/F'
File No.
54458 I
I . At
of
the:the time of service J was at least 18 years of age and not a party to this action, and J served copies
Writ ofE:recutionlGarnishment
2. Party served;
AKA
AKA
502 E. John St HE
Carson City, NY 89701
4. Remarks:
Served Writ Garnishment, Execution, Letter to the Garnishee Defendant_ Employer and $5.00 Garnishee fee, by
sen-jng Katie Holaday, Service Technician.
5. Person serving: Jesse Horton
Car.;on City Sheriff's Department
90 I East Musser Street
Carson City, Nv. 89701
rue and
(x1712)
neet.
'~IJ1-----
)'
u008
EXECUTION
Plaintiff,
RSC 2005-0003 01
Case No.
Defendant.
------------------------'
THE PEOPLE OF THE STATE OF NEVADA
To the Sheriff of Washoe County
On
March 8
~,
$
$
5.000.00
principal.
It appears that further sums have accrued since the entry of judgment, to wit:
$
45.00
. This makes a TOTAL of
$ _~5.:.....:,,,-6:..~:.."_0_0,--___ for the judgment as entered and post judgment accruals.
CREDIT must be given for payments and partial satisfactions in the amount of
which is (0
S _ _-=0.:."::.00:...-_ _
be flIst credited against the total costs and interest accrued since judgment, with any excess credited
bears interest at
per day, from the date of judgment to the date of levy, to which must be added
~ commissions
and costs ?f the oth~r office~ executing ~is writ.
Parties desiring post Judgment IOterest iO Small Claims cases must prepare a memorandum of costs and
must supply the clerk with the interest amount
~+=
C> "
cg, =
uD09
(Over)
,
EXECUTION (Conllnued)
DATE:
MAY 10
2005
iO'~~
ATTACHMENT
To
dIrected against the within Defendant_. I hereby attach all monies, effects, and credits in your handsoT
under your control belonging to the within Defendant _ or to either of them in pursuance of said writ;
except that for any pay period, 75 percent of the disposable earnings of such debtor during such period, or
the amount by which his disposable earnings for such period exceed 30 times the minimum hourly wage
prescribed by section 6(a)(I) of the federal Fair Labor Standards Act of 1938 and in effect at the time the
earnings are payable, whichever is greater, is exempt from any levy of execution pursuant to this writ; and
you are hereby notified not to transfer, payor deliver the same to anyone but myself.
RETURN
OTHER ........
TOTAL
uOIO
. . 1""
,~"
aND FOR
Plaintiff
FEBRUARY 8, 2005 -
Filed
..
-CS
."
"~,:,';
-'-, ... ,
TJ1:s c:\eCIarant ha~erJ:Ianded paymen!3ff sa,id sum Ttle..Sefendan!(s) refused to pay the same and" :~;'lIJ1.\;;~
de!~t resides Iftoor does businessp or1s iunployed 'Pin !he Reno Townsh!p.
'r:: _...
Subser1bed
." _,.
ORDER
'" "'P...,!
Y}-!E PEOPlE OFTHE STATE OF NEVADA. tOlheWllhin-named d\lfe~nl(S): You lire "".bydii~'"
".,'"
...
....,;"",---------"
,,1,15 P
"1"-
al
-\
""':"'1
"" ........ \
..,,,,
M.lesetfOf _ _ _ _~--.:-----.'al
"
PLAINTIFF AND DEFENDANT SHOULD EACH BRING ALL BOOKS, PAPERS AND WITNESSES NEEDED. DEFENDANTS,
FOR MORE INfORMATION ON WHAT TO 00 NEXT, SEE THE BACK OF THIS PAPER. THE CLERKS AND JUDGES MAY
NOT GIVE YOU LEGAL ADVICE.
...,
-....
"
FEBRUARY 1
8, 2005
at
.,
M date reset
M dale reset
-"
MARIE l.ETCHEMENDY
ClERK OF THE COI,;RT
By
" r .10 {8IO'1
81 _ _ _ M .
"
I~~t..ri.e'
~!1Cl .. ~
-- 00 1 1
,,'\11
IIIL.
"
Z I 01
CERTIFICATE OF PERSONAL SERVICE
Slate of Nevada, County of Washoe
Toe undersigned, declares: I was, at the time of !he service of !he papers herein referred 10, over the age of eighteen years and not a party 10 this
aebon: I served the Declaration and Order in this action by delivering 10 and leaving with the persons hereinafter named, a copy, al the address
and on the date set forth opposite each name below, in Washoe County, Nevada:
Name of Person Served
a business
Date of Service
Zac.hary Coughlin
U132,
Reno,
Nv.
02-17-05 10,'
-----
other, specify
r;!dttib:e.;ffid..
~evada
Judicial Services
Patric.k J,
Peregrin
Agency Name
903
Agency license Number
NON APPEARANCE; YOU HAVE BEEN SERVEDAN ORDER OF THE COURT TO APPEAR FOR TRlAllN AN ACTION FILED AGAINST YOU IN THE SMALL CLAIMS
COURT OF RENO TOWNSHIP. IF YOU 00 NOT WISH TO CONTEST THE PlAINTIFF'S CLAIM YOU MAY: II) MAKE AN OUT'()F-COURT SffiLEMEHT WITH PLAIN
nFF BEFORE THE COURT DATE OR b) MAXE NO APPEARANCE AT THE TRIAL, IN WHICH CASE THE PLAINTIFF MAY BE GIVEN A JUDGMENT BY DEFAULT FOR
THE AMOUNT CLAIMED, PLUS COSTS.
2.
DEFENSES: IF YOU WISH TO CONTEST THE CLAIM AGAINST YOU, YOU MUST APPEAR ON TNE DATE SET FOR TRIAL WITH ALL BOOKS, PAPERS, AND
WITNESSES NEEDED TO ESTABUSH YOUR DEFENSE. AT YOUR REQUEST, THE CLERK WILL ISSUE SUBPOENAS FOR APPEARANCE OF ANY WITNESSES
YOU NAY NEED. SEe CMLCLERK FOR INFORMATION ON SUBPOENA FEES.
3.
CQUNTERCLAIMS: IF YOU BELIEVE EITHER a) THE PlAINTIFF OWES YOU MORE MONEY THAN YOU ,OWE Pt...AJNTlFF OR b) PlAINTIFF'S CLAIM SHOULD BE
REDUCED BY A SUM PlAINTIFF OWES YOU, YOU MUST FILE A COUNTERCLAIM. IF YOU WANT TO FILE A COUNTERCLAIM, CONTACT THE CML CLERK AS
SOON AS POSSIBLE. THE PlAIHTlFF WILL BE ENTITLED TO 10 DAYS NOTICE OF YOUR COUNTERCLAIM.
4.
10 OAYS NOTICE: YOU ARE ENTITLED TO BE SERVED WITH THIS "tlECLARATION ANOORDER" AT LEAST 10 DAYS BEFORE THE TRIAL DATE. IF YOU ARE
SERVED LESS THAN 10 OAYS BEFORE TRIAL, YOU MAY ajAPPEAR IN COURT AND REQlJEST A CONTINUANCE OR b) APPEAR IN COURT, WANE YOUR
STATUTORY RIGHT TO SUCH SERVICE, AND PROCEEO WITH THE TRIAL.
5.
PAYMENT: IF THE PLAINTIFF RECOVERSAJUDGMENT AGAINST YOU, HE IS ENTITLED TO IMMEDIATE PAYMENT OF THE FULL AMOUNT OF THE JUDGMENT
WHICH MAY INCLUDE COURT COSTS OR THE JUDGE MAY SET UPTIME PAYMENTS. PAYMENTS SHOULD BE MADE OIRECTLY TO THE PlAINTIFF AND NOT TO
THE CLERK. WHEN THE JUDGMENT HAS BEEN PAID IN FULL, PlA!NTlFF SHALLADVISE THE COURT THATTHE JUDGMENT HAS BEEN FULLY SATISFIED.
6.
APPEAL:!F YOU ARE DISSATISFIED WITH THE JUDGMENT, YOU MAY APPEAL THE COURT'SOECISION WITHIN SDAYSAFTERTHE OATEOF ENTRY OF THE
JUDGMENT. SEE THE CLERK FOR PROCEDURE ON APPEAL.
1.
EVlO!,NCf; ON THE COURT DATE PLEASE BRING TWO SETS OF COPIES OF ANY DOCUMENTS, PICTURES, STATEMENTS, ETC. THAT YOU WILL PRESEN TAT
THE HEARING. ONE SET W!LLBE FOR THE JUDGEAND THE OTNER SET FOR THE PLAINTlFF.
I.
Q!!fU ~QE;
PERSONSWEAR\ .......
---------- --
0'
'Sh'
,...
Plaintiff
'f).
.,
,'
I""
NOTICE
If either party requires
a' )
court
reporter, you
)
f'
will need to call the court reporter's office
<'at (775) 325-6575, f~vel(5}..!u4icial days
prior to the hearing date to make
arrangements .
\
ThIs declarant hayemanOed paymen1,i1 said sum
defendant resideS iO-or does buSiness
~fendant{sl refused .10 pay 100 same aod M :~)~ ':'" "ll
rp in the Reno Tcmnsh,p.
ORDER
THE PEoPlE OF THE STATE OF NEVADA. to !I\e within-named defeodant(s)' '00","'."
MARCH
~.e1lor'
",.~", to,.,.", ~
above enhUe<!
GOur'I at.
on
f 'l"
or Is employed
;~I
2005
_ _ _ _ _ _ _ _ _ __
1:15 P
81
PLAINTIFF AND DEFENDANT SHOULD EACH BRING ALL BOOKS, PAPERS AND WITNESSES NEEDED. DEFENDANTS,
FOR MORE INFORMATION ON WHAT TO 00 NEXT, SEE THE BACK OF THIS PAPER. THE CLERKS AND JUDGES MAY
NOT GIVE YOU LEGAL ADVICE._
,f'-'<~B::R~UA=R:.:Y~1_=8"..:2::cO_O,,'__
Nedon_ dale r...e1 _ _ _ _ _ _ _ _ _ __
MARIE LETCHEMENOY
CLRKOFTHECOURT
~y
p:
')0 (
_,I}
/~Jf.t5i;(JtCa!
~yC'.'~
0013
CASE NO /[Se;){;c)'';.'t3DC
DEPT NO _ _~~"--_
,/
cA
~IP)
The undersigned. declares' was, OIl the timeo! the serviceo! the papers tlere,n referred 10. O\Ie' the age 01 eighteen years and not Oil party 10 tnj~
)(1;' seNe<! the OedaraMn ar.d Order ,n this action by dehvenng 10 and leaving With the persons Mreinafter named.
.f\d on tr" date set forth opposite each name below,ln Washoe
Counl~.
11reu
JE)
Nevada:
Date of Service
~IP)
______
F
1I11nder pe
tM~S
aIMI. Sped,~fy'.::==============::
p.
_ _ _ _ _ TotalS
Agency Name
~9-'~ ,o\E~!!,I;..E.;. YOU HAVE BEE'" SERVEDAJI ORDER OF THE COURT lOAPI'EAR fOR TRIAL INAA' ACTION FILED AGAIHST YOU IN THE SMALLClAIMS
COURT Of RENO TOWNSHIP, IF YOU 00 NOT YIISH TO CONTEST THE PLAINTIFF'S CLAIMVOU MAV: I) MAKE AN OUHlF.cOORT SETILEMENl WIlH PLAIN,
TIFF BEfORE THE COURT DATE OR b) MAKE NOAPPEARANCEATTHE TRIAL,IN WHCH CASE THE PLAIh'lIFf MAV BE GIVEN A JUOGMEh'l BV DEfAULT FOR
THEAMOlIIlT CLAIMED, PLUS COSTS.
:z.
WE..N~ IF YOU WISH TO CONTEST THE CLAIM AGAINST YOU, VOU MUST APPEAR ON TNE DATE SET FOR TRIAL WITH ALL BOOKS, PAPERS,AND
WITNESSES NEEDED TO EST ABUSH YOUR DEFENSE, AT YOUR REOUEST, THE CLERK WILL ISSUE SUBPOENAS FORAPPEARANCE OF ANV WIT IIESSES
YOU MAV NEEO SEE CML CLERK FOR INFORMATION ON SUBPOENA FEES,
COUNTERCLAI~~ If YOU BELIEVE EITHER I) THE PLAINTifF OWES YOU MORE ..aNEY THAN YOU OWE PLAINTIFF OR b) PLAlNTIFF'S ClAIM SHOULD BE
REDUCED BY A SUM PlAINTIFF OWES YOU, YOU MUST FLE A COUNTERCLAIM IF YOU WAin TO Fn.E ACOUNTERtLAlM, CONTACT THE CML CLERK AS
SOOH AS pOSSiBLE_ THE PlAINTIFF WILL BE ENTITLED TO 10 DAYS NOTICE OFYDUR COUNTERClAlM.
10DAYS NOTICE: YOU ARE ENTITLED TO BE SERVEDWlTHlHIS 'OECLARATIQNANOOROER" ATlEASr lOOAYS BEFORE THE TRIAL DAlE. If YOU ARE
SERVfD lESS THAN 1D DAYS BEFORE TRIAL, YOU NAY a) APPEAR IN COURT AND REQUEST A CONTINUANCE OR b) APPEAR IN COURT, WANE YOUR
STATU TORY RICiHT 10 SUCH SERW:E. AND PROCEEOWITH TNE TRIAL
.
Pl.AINTlFF RECOVERSAJUDGMEHT AGAINST YOU, liE IS EMTrTlED TO IMMEDIATE PAVMENT Of THE FULL AMOUNT OF THE JUDGMENT
i'AY/kNIIFIHE
~COURT COSTS OR THE JuDGE MAY SET UP TUdE PAYMENTS. PAYMEIUS SIIOULD BE MADE DIRECTLY TO THE PUlNTIFFANO NOT TO
'0'
WHICItMAYINCL
UDGMENT HAS BEEN PAID IN fULL, PLAINT1FF SHALL ADVISE tHE COURT THAT TIlE JUDGMENT HAS BEEN FULLV SATiSfIED
THE CLERK WHEN TH' J
.
SATISFIED VlIlH THE JUDGMENT, YOU MAY APPEAL THE COURT'S DECISION WITHIN 5 DAYS AFTER THE DATE OF ENTRY OF THE
~!lft otHHE COURT L~ BE FOR THE JUDGE AND THE OTHER SEl FOR THE PLAINlIFF.
THE HEARIIlG ONE SEIWI
OB' ....iCQ.t!i
PERSONSWEARlr
f'
lSHORTs,OR CUT.OFFS'{>'JJJJ1.QlBEAOMlrTEDINTOi
/
IN THE SMt' ~ CLAIMS COURT OF RENO TOWN~'
IN AND FOR
CASE NO ItJ(I;)[;C')-?<'C3C1
-==3'------
DEPT NO _ _
CT DATE
(PLEASE TYPE OR NEATlY PRINTI
DEFENDANT
,i)" A.
~p='"
I..l "''Dl.',
\.):)0..(,\0,",
WORK PHONE #
bl+~~'1'
l)
~~
~n-'31 (INCLUDECITY.STATEANDZIP)
,I
'ZA.d......
I.lJp. th
CTTIME
_-",S:..,':.cl y~,--=l~5
_ __
'<I"
Lou1.L.. \~f\
H",,"""oDl
f""""
RESIDENTAGENT _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
(if applicable)
ADDRESS
PHONE #
:::1"1 4'5
[11
15')
IN (", ....e.
~'r
'\ae.,,~ I N\I
"?>'33 - tlll ..
DEFENDANTSEMPLOYMENT _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
DEFENDANT
AMOUNTOFSUIT$
'30""0,0<>
N ""l
~" ;- c.-e....
2.~c>
-h,.-
+4
4....
""'-
~ 4,; Pf> h
0 .....-1'-er. .,{
<>"v\=
'}
,J ur ( '"1
HAVE YOU AND THIS PERSON EVER SUED EACH OTHER BEFORE?
YES
NO
WHEN? _ _ _-,-_ _ _ _ _ W H E R E ? - - - - - - - - - -
BELOW STATE ALL DETAILS INVOLVING YOUR CASE. INCLUDING DATES. NAMES AND LOCATIONS.
12"(<;t..,~,,,,,C"
<c ....Qke
p.&102 (~ 10lS7)
tor
~s...
I~ NECESSARY)
----____-:-~"~U~"~C~ough11n
Memory Foam
( I I'"V
~
Xx
TOP
of
fOr.
-------------------------------~
.J
BOTTOM )
----_.
EXECUTION
Plaintiff,
Memory Foam
Defendant.
----------------------,
March 8
as judgment
creditor and against Zachary coughlin Indiv & dba Coughlin Memfs1ulg9&.Yltdeb(orfor
$
5,000 . 00
principal,
5 , 11 6 00
It appears that further sums have accrued since the entry of judgment, to wit:
$ _ _ _ _ _ _ _ _ _ accrued interest, and
$
$
39. 00
6 . 00
@$
$ _-=5:.c-'.:.1:;:6-=1..:..:.0-,0_ _ _
CREDIT must be given for payments and partial satisfactions in the amount of
@$ _ _-'O-='':'O:''O_ _ _
which is
[Q
be first credited against the total costs and interest accrued since judgmenl, with any excess credited
bears interest at
per day, from the date of judgment to the date of levy, to which must be added
:he commissions and COStS of the other officer executing this writ.
panies desiring post judgment interest in Small Claims cases must prepare a memorandum of costs and
must supply the clerk with the interest amount.
(AI+"=
~
(Q)=@
(Over)
00\7
ul
....,
p: 303.6
/; 720.5
I (
EXECUTION (Continued)
i3
~~ 01).
~ ;f!t.&~{(I
DATE: - - MAY
2005.
- "10
- - - -_ _ _ ,
'13. Cooper
by=::--:cc::------DEPUTY CLERK
ATTACHMENT
To
MACYS:
directed against the within Defendant _ , I hereby attach all monies, effects, and credits in your hands or
lUlder your control belonging to the within Defendant _ or to either of them in pursuance of said writ;
except that for any pay period, 75 percent of the disposable earnings of such debtor during such period, or
the amount by which his disposable earnings far such period exceed 30 times the minimum haurly wage
prescribed by section 6(a)(1) oflhe federal Fair Labor Standards Act of 1938 and in effect at the time the
earnings are payable, whichever is greater, is exempt from any levy of execution pursuantta this writ; and
you are hereby notified not to transfer, payor deliver the same to anyone but myself.
RETURN
GARNISHMENT
COMMISSION ....... .
MILEAGE ........... ..
OTHER .................. ..
TOTAL
UOl8
,,
(!)NISHIPPU
-0
..
'i
f-----t'eE;ru"''J''':"":ffi(lO---..:::,,~___t''''?'_-_#_----.:l---.:!-__:__:_:__;;_;- Greenwood
Villoge, CO 801'. _'_ _
www.unishippers.com -
-8 fl:; 12: 0 I
C'J,. . q:-~u
I .
p: 303.665.1000
f; 720.529.4894
It)(:J-/.' CS -c-'tl:3
:-It J
Your Honor,
Please grant me pennission to attend my cO"'l,appellraJ"ce telephonically as it would be
difficult and costly for me to attend in perSOll.
offices are in Columbus Ohio.
1 would make myself available to phone in at the CQ~':ni':ncl' of the couri
this opportunity.
in am given
obe Walton
Agent for Payment Resolutions
Unishippers
;~;:;;c:c>
G
??
:::r;
~
U
Y'}
U0 I 9
"l \ J it.
.
l ii
I
CERTIFICATE OF MAILING
This certifies that Karen Stancil, an employee of Reno Justice Court, has placed the
attached letter in the Washoe County mail system on February 9, 2005.
The letter was mailed to:
u020
NOTICE
Plaintiff
Tl'Os d:Iaranl
The
.~
'. i
,"~".~~~d,,"~,",~O~R~D~E~R~"t"di"~~."~"'~'~~~~
""'" "
My CommIssion
~~;l~:r""
above entitled
~_MAACllIll. 2005
~~---------------------
PAPER.~THE
PLAINTIFF AND DEFj:NDANT SHOULD EACH BRING ALL BOOKS, PAPERS AND WITNESSES NEEDED. DEFENDANTS.
FOR MORE INFORMATION ON WHAT TO 0;0 NEXT, SEE THE BACK OF THIS
CLERKS AND JUDGES MAY
,,'
at
at
"
'~li'
.'.~~{~el---------~--~---------,,-----'M
M
al
M.dBlerasel _______________________
MARIE L ETCHEMENDY
CLERK OF THE COURT
Ic,
Bv
\I
____-
8021
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,I
URT
.. _
iG;: G
8Y,____ _
r:c. ,.
Sincerely,
Jon
--
rn/\ ltv.
r r;J
Jl:;)
VI I;)
I,
Vc.
(
RENO JUSTICE COURT
REQUEST FOR EXECUTION
Case No.:
Court Dat.e:
I?laintiff Name:
U"l:S~ l
prp-e'$
Defendant Name;
'"'2..a...c...~
Cou~ ~l\\f)
_ _ _,:;,-""
_ _ _ _ _ __
Place of Employment 2.r Name of Bank 2!: Business cash box etc. :
i'1 "'-"-'(
IS
c.o("'poro?..~o,,\
S-eC"v'lc...-.
Co. I
I?O'2.
E V:oL..Q.'S'.f,
C-~r-'SOf'\ . cirt--{ I
N'-./
'84.~oG.
A\\~. I'-ec\-"-<,,,.\;~c( t:> ... (>.\. ,*o<~'3, "H!! I>u\~ ___ 13(,.,,(.
To process you~ execution you must first obtain the service ~~S6~
fee required to have the . Execution served by the Washoe County D\J.
Sheriff. The Washoe County Sheriff phone no. is (775) 32B-3544 or
(77S) 32B-3310.
Their locations are 195 S . Sierra Street or 911
Parr BlVd. Reno. Nevada.
~~L
Information Required:
Writ of Execution (wi garnishment) : .
. ..... .
$_----
$_---$'-----,$ 5.00 -
"--e)~c~.\;~c-\
$_----
$_----
U023
1I~----~fe~bru~~y~3~"~.2mOO~5-
www.unishippers.com
li2: 0 i
- - -I
P' 303.665.1000
f: 720.529.4894
;:o\'. CLERK
COURT: ;1
v.;U,u
Your Honor,
mica1lyas it would be
:olumbus Ohio .
proceedings.
~~
U025
<.D
N
o,
~.
\is
"'~
w~
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il:
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TO <ENDeR";:
A!
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tMPTcf)
1.1' "
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.
'
MR . ZACHARY COUGHLIN
<lb. WI(HLIN MEMORY Fa
775 WHITE FIR
RENO NV ~
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II
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unneel
EXAMIHATION,
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numOtlr, This QO.'lttction of 11110",..11011
by 37 CFR Stoc:tions
Tn,
0tI'Iq S ",formation IS used by the public to hlgbler to p'actiot before , ..... Un..d
POad~ ~Io,. the US~~TOl '~d by lhe USPT<? 10 det.rl'l'lne \h, 4igbilly of 1M .~n( to IlgIII., 10
und., It.. PnvlCY M. and tM~. information on th,lS lorm Wl1 be 1It11,", oordidenl:illlIy to ,,,. lid,Nt .1Iowed
vol,,"''Y; Iw_v-.r, i you do not '~::f Infonnallon Act, (FO'A) Ruponq to 11'11$ Information <:o"'c:lion Is
.-.gmt/ation "Imin,llOn or " st
P
1M, "qUflstad mfollnnon. tile U$PTO n'IIIy not ,dml you to tt
10 eo""ifll. Indudlf'g g'lhef~ ., you to praebee befol' ~he USPTQ ThIS lorm is ""lmIted to Ilk, 30 minute.
Any cammenls on 11'1, amount
~:,:arlng, "'Id. 6UbrT*'-tng the informatian on In. 'ppleatlOn to ttl, USPTO.
burOen a.hould" .ent t th C
you requlle to C(I~te this 101m endlol suggestion, lor l.duc!nQ this
2327, Arlln~on VA. 222~2';"7I'1i1or InfolmMJOn Off...." Un".d St.tn Petelt end Tredem.,k Offlc:e, PO Box
oN.
EXAMINATION
SI,t" P", ..
l'l39b
RECEIVED
IUIll "11t - q P ~, 53
!i
F'-'l~
corporation, law
!'-/ i/ ?9 Ic)
le)
a.. ~~p~ication
for the Examination: Enclosed is my no>:n-:r'-'1fu~ndma~b1e~;~~~;~Of~$4~0~.00;~fO;r~the~:.x:a:",,::na:'~'0:n~(3~7~C~F:R~
.' 1.21(a)(1)(i)J. and the required fee of $310.00 [37 CF~
.
the examination.
I am applying to take the examination in the following
location: (See the bulletin for exam location choices).
9a.
--,
~:-;-~:;-';;'~~~~~;;-.;;:;;;:;:L-~;;.::;r5;;;;T<'f.;;;--
PTO EMPLOYMENT: Are you currently employed at the United States Patent and Trademark Office?~S;;; i~i~~
IJIkre you previously employed at the United States Patent and Trademark Office?
L
If "Y"ES". complete the Undertaking Under 37 CFR 10.10(b) {Form PTO-275j, and attach it to this application.
9b.D Fonner Patent Examiners: 1am a former patent exarriner and haw served in the examning corps of the UnitE
States Patent and Trademark Office for at least four years. I hereby re.~!test that the taking of the eXamnatifl-- b:o
waived (37 CFR 10.7(b)]. Enclosed is Ill. req~rod ~ra'on fee of $100.00 (37"CFR 1.21 (ai(2)].
10.~ Passed a previous examination: I passed the exarrination held on
Enclosed is the required
registration fee of $100.00 (37 CFR 1.21(a){2)].
11.L,j Reinstatement I am applying for reinstatement or, as a former gcwemment erf1)loyee. for a change from
inactive to active status. Enclosed is any reqt.ired fee [37 CFR 1.21],
12
13.
14,
Have you previously applied for adnission to the registration ex arrination or ~l:~ the OtJice of
Enrollmen1 and Disdpine to AV81uate y~ur ~dentific and tech neal qua~fi~V9ns?
5
0
Date of Previous AppIication;4..;~/
JlIl~ 7022..
Name on AMI'
,'
n
16 auRIN Z B
VVere you ever registered to ~ in patelJ. cases before the United States Patent and Trademark Office as an
attomey or agent? 0 Yes ILJNO
If "YES", what is your Registr~tiQl] ""''-_, _ _ _ _ _ _ _ _..'''.........
t WI "Ft";bI'1
w. - ....
BAR MEMBERSHIP : Are you a ~ of a court of the United States, ~~~st court of C! State Of Teftf.'W"
Yes
JLjNo
~'-
[JODI
~
lIfl .JIl _q p
53
.,4IIoIod"" \NId _ _
.... 1I_... 0II001
0Il001
-,.......
-_..._,...-"'..
....,
...
.Act:GROUND
United States PaINFOfWAT10N: C.
or and truthfuhess are significant elements .... M,nes$ relevant to practice before the
a";labie info"",,:' ::, Tradez
You should. therefOfe. provide tho OfIIce of Enro"""'n! and Dio.plino "'th ~I
each question a~red ~~~ ~
'::a~ its relevance is, in doubt. with regard to the questions asked below. For
copes of reievant documents' Your
a
statement setting forth aU relevard fads and dates along wrth veri68d
:bcoments evidenoe Of
respon~s mu~t be updated as necessary, prior to your registration. Arrt
question ~ be ch
proo. prevtOLlS~ lied In a pnor appication need not be resubrritted unless your response to a
disciplinary proceed~ F;IIU; ~ dISclose the requested information may result in denial of registration or in
ngs un er
FR 10.22 should you become regrstered.
0:-'
prc::e
fu
15.
1.
~e any charges ever been preferred against you in connection W1h your practice before any
u
'
. or character?
Ha flfal or State court ' Of munidpal b
teau,
convnsslon,
otl'ic:e or agency of any kind
a ve ~~ ever bee~ a~sted, charged, or held by Fed8f8l, State or other law enforcement
utho~es for a~ violation of anY,Federal or state law, or aT?)' county or rn.mlcipallaw,
~:tion ::
(00 not
any rrisdemeanor before your
birthday or traffic
ons r
I
e fine was $100 or less.)
::':'7
Include
16th
17.
tir;e
':i
D's
EYNO
r:::dIE s 0
NO
DYES czrN'0
DYES 0-0
19. Have ~u eve.r ~n fired or clscharged from any job, or have been asked 10 resign or quit for
conduct Involving dishonesty, fraud, rrisrepresentation, deceit, or any violation of Federal or
state laws or regulations?
DES ~o
20. Have you ever resigned Of qlit a job when you were under investigation or inql.iry for conduct
which could have been considered as involving cishonesty, hud, rTisrepl"esentation, deceit, or
violation of Federal or Slate laws or regulations, or after receiving notice or been advised of
possible investigation, inquiry, or discipinary action for such conduct?
OYES~
21. Have you ever been cischarged from rTiHary service under conditons other than honOfable: or
DYES~
by reason of the serrtence of a Court Martial or being dropped from the roNs?
.<2. Are you deinquent on any State or Federal debt? OnciLKIe del"nqtJel"lcies arising from Federal or
c:::JiES
State taxes, loans, overpayment of benefits, and other debts to the U.S. Government and defaults
on Federally guaranteed or insured loans such as student and home mortgage loans.)
23. EDUCATION: Ust al degrees conferred In the blocks below. Attach to INs appicalion any requred documentation
to co~lete your appication for registration. Refer to the General Requirements Bulletin. If you applied previously for an
exam, please see the General Requrements Bulletin section titled "REAPPlYING TO TAKE THE EXAMINATION" for
wt'iat you must subrril.
Major Subject 1&
Degree Received n
Date ReceJved
College
indicated on Transcri t
I~;cated on Trilnscri I
00
I
I
\;,s ISla 10 61
'lv{"
\\,~t-G(
(11.
Blo(061L
l"l"i '?
~I "/'"" '200
L....v
()
Upon the basis of the foregoing information and any attached doc umerrts, I heret7( apply for registration to practice in patent
cases before the Urited States Patent and Trademark Office. J ctify that each and ~er( statement or representation in
ths appication is true and correc:t:. (A KIiIffuIIy false statement or certification is a criminal offense 8I1d is ptlishable by taw
[IBUS.C.' lOOf1)
"
s mIItlll"e of ADollcllni
h?7h L:
dO,
o~
Dille
Jv\
~ '2..()O'
"l1s102
o.la
--1...
u002
t,
UNITED STATES
( PATENTAND
should be submitted to Box OED. Office of Enrollment and Discipline, P.O. Box 2327,
Arlington, VA 222022327 within one month from the date ofthisietter. Failure to provide
the information in a timely manner will delay processing of your application for registration.
The name to be printed on your certificate of registration will be as it appears in
the address heading above unless you request otherwise in a separate letter
attached to your Data Sheet.
Since you have passed the examination, you are Qereby given limited recognition pursuant to
37 CFR 10.9(a), to prepare and prosecute patent applications before the U.s. Patent and
Trademark Office. Although you have been given limited recognition, you D18.y not hold
yourself out as a registered patent attorney or patent agent until the Office of
Enrollment and Discipline has given your application final approval.
If you seek registration as an attorney, and have not already done so, submit an original
certificate of good standing issued within the last six months from the highest court of any
State or the Territories of the United States to which you have been admitted to practice.
Your provisional registration number is P-63,906.
You must use the provisional
number until you receive a letter from the Office of Enrollment snd Discipline
indicating that your registration bas been completed. This number must appear
below your signature on every paper submitted in the Patent and Trademark Office.
Please note that the name to be printed on your certificate of registration will be as it
appears in the address heading above unless requested by you in a written letter submitted
with the return of your Data Sheet.
If you wish an acknowledgement of your Data Sheet, include a stamped post card identifying
the paper in accordance with instructions in MPEP 503, item "Return Postcard". OED will
stamp the receipt date on the card and place it in the outgoing mail.
II
003
After the Office of Enrollment and Discipline gives your application final approval, your
certificate of registration will be forwarded to you at your business address of record with
this office. The date that appears on your certificate of registration will be tbe date of your
registration.
Very truly youra,
Shirley A. Brown
Paralegal Specialist
Office of Enrollment and Discipline
703-306-4097
I
I
U004
U. S DEPARTMENT OF COMMERCE
(Dale)
THIS IS TO CERTIFY that the annexed is a true copy of the United States Patent and Trademark Office
d.ata registration file for Zachary B. Coughlin.
By authority of the
c/-!-
lI oas
Za.-~~_S,
j,}.
55
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APR
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001396
I}.A.'-t
~&
and/or (Vyv.f
~2..f~~'...J1....1 '3~
/1
c;I
Pursuant to NRS 40.253, you are guilty of liD unlawful detaJoer due to your
default
/rt 5;:;
in
paym nt
of
rent
Ih"b/
So
for
the
premises
/-j -
due.nlbedal '
(month)
1!5,
at
located
!~
(day)
(year)
,J;,
.r_---,:7~=-_,/~~--:;:()7tc.,..
(month)
(day)
(year)
00
==__=:;-__=::;-
the dale of _ _
(lUDutb)
(year)
(day)
1:J... O.
TOTAL
You arc directed to correct the for~lng default or lJurrellder the prcm~e8
by Dot later Qlaa 1%:00
p~m. on the /3
-:;:::::dayof
f!#
.200
t; .*
To coatest tb(B notice you mud file an affidavit and request a hearing by not
later than 5:00 p.m. on the date indleated above. You must st2te in the affidavit tb: at
you bave tendered payment of the rent err that you are not in default in payment of
lbe rent. The affidavit may be obtained aDd mud be med, with a copy of tbis
'"
Notice, at ReDO Justice Court, Joe.ted at 1 South Sierra Street,. ReaD, Nevada. You
mod abo
_."-
-.. --~--
Dat
j?EV deN;' -
(JtKJ
9(J-'7-
.....
,..,
Case No.
Landlord
REV 2CC6-CCC9C9
VS.
TENANT
ZACHAny B. COUGHLIN
Tenant
ORDER
UPON APPLICATION AND NOTICE given by _ _S
__
AH_n_O_8_L_g_ _ _ _ _ _~
served in person on _ _ _ _ _ _ _ _ _ _ _ _ _ _~. OR mailed on __.'-/_6_/_C_6_ _ _ _ _ _~
_ _ _~. AND affixed to main entrance of premises on _ _ _ _ _ _ _--'."/:<6!.1(CCC~6'____ _ _ _ _ _~
and proof thereon being supported by a sworn affidavit on the date hereinafter mentioned, and the tenant not having
filed a counter affidavit, and good cause appearing therefore,
17TH
APRIL. 2CC6
DATED this _ _ _ _ _ dayof _ _ _ _~_ _ _~_ _~_ _~_
"-'']J L
-t l./{ f, t
JUSTiCE c#tHE PEACE
110
a2
./
r.
BY
CaseNa.
REV 2006-000909
VS.
ZACHARY B. COUGHLIN
Tenant
ORDER
uPON APPLICATION A,ND NOTICE given by _ _S_A_M_N_O_B_L_E_ _ _ _ _ _~
, Unit # 132
~!E
""):>"
R~~a$JiOe cii~)!W,::
..;;::
::'1
rT\
oc
~(j
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-:p"c
o~
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OJ
,-no
ht/"l
n
',' . . ;rr.
"oC?
:j-nS
o:::!~
"Z.{j...(
rn
tJl
~
2006
DATED this _ _17TH
_ _ _ dayof _ _ _ _APRIL,
____
_ _ _ _ _ _ _ __
IJ 0 03
r.
3720
River Anns Apt
1255 Jones St #113
Reno,NY
(775) 323-4640
Attorney for: IN PROPRIA PERSONA
ZACKARY B COUGHLIN,
Defendant
________________
~I
Location:
Date:
411912006
Time:
12:41 PM
EVICTION ORDER
,.'
0004
IJ
(
NO: REV 2006-000909
DEPARTMENT NO.5
ACTION: CNIL
PLAINTIFF,
DEMAND:WR1TOFREST[TUTION
ZACHARy B. COUGHLIN
DEFENDANT.
Phone Number
DATE
2006
APR 17
Phone Number
PROCEEDINGS
Notice to Vacate and Landlord's Affidavit filed.
Order to Vacate issued and delivered to the Washoe County Sheriff.
APR
(Served on April
'"''
\1 () 0 5
.....
b
I,
SUMMARY EVICTION
~AVIT OF SER~:!
citizen
"
...ud/
7;J
--<a=--'5~-'''''4Jp~,_.,=~,
"'-3~~E~--'-t.J;:;~~-
N~UisanceN,ot.if7
i .' ,
TO ~~_'::""'W>AVV1~:sP--.I."'-'.:...,,,C~'~~~~:L---,fj__4------- and/or any other tenants residing at
by (FILL our #1, 2 OR 3),
I. PERSONAL SERVICE
_ _ Accomplishing personal service as follows:
By personally serving a copy of the notice to the tenant on _ _ _ _ _ _ _ _ _ _ _ _ _ _ , in the
presence of a witness who has signed below and tenant bas signed as proof of receipt
II------~' I mailed
a copy of the
't
I~
(
9 ,
JI.
ef]
.,i
,and found
business,
DO
f - ._ - ' - -
F"","3817'~'Y2001
........ .,v.
----- ...
:t
G~
Date 7
tLOo.? .
",-,t,
~yof-J~~~~~~v~---,
Wh~
Signa:J=
Made Service
~
Notary Public!Deputy Clerk
~gna~ ofrl~
06 APR 17 PH 3: 49
2
3
/t}j5
q;,~.IH(
j
.JJ 113
()
4
5
I.
Lan
REilOJusTlcfr6BHR'{
/Q BY-
1~
~eVn~Sanetddr~
~
Nt! ~(J(J6
_()p{f'1d9
9F
1.1
\@ ~--,
"'bEI'lIT:jl1mt*No.
8
9
10
AFFIDAVIT OF LANDLORD
STATE OF NEVADA
COUNTY OF WASHOE
II
The undersigned petitioner, being first duly sworn, deposes and says:
12
1. That your affiant is the landlord of certain dwellings or apartments within the
jurisdictional confines of Reno Township. Washoe County, Nevada.
13
ffJ
. located at ..j..
on II _ 2- Q if
' with P odic rental payments
reserved by the month or for a shorter period of time.
14
15
16
17
18
19
,n
,.,.
(a)
(b)
in the sumof$
~i
Date rental payment delinquent ""
eo
7
~73Y
:s
(e)
~ ~
5'
'1',_ c2 _
3. That the periodic rental payments have not been waived or altered.-'by a written
atrreement of any kinrl
L~ L
06 APR 17 PH
Landlord's1ComplXName
3
4
5
6
jQj5
\Y.Phn->'
~" 1)3
-fQ
IJ Landlord's Address
~- <-1JtM'\'1H,ti...No.
1'''' "'-- , -;r-V "<1706
&Jor any other
tenants.
, If} '3J-
"
-1J.JiJ-a
/177
-:::n:=
vSc
1 ~JE~
Te~ant
3:~9
n5ri3
Unil No.
8
AnnDATITOFLANDLORD
to
STATEOFNEYADA
COUNTY OF WASHOE
The undersigned petitioner, being first duly sworn, deposes and says:
12
1. That your affiant is the landlord of certain dwellings or apartments within the
jurisdictional confines of Reno Township, Washoe County, Nevada.
/IJ
\3
-r
15
16
(a)
17
(b)
I;'
18
19
20
21
..
22
23
24
-"'"
25
26
27
~-
SS.
II
14
} '
(c)
(d)
(e)
inthesumof$
~-':>"Cl'
~ ~~ ~
Dale
renlal payment
delinquent
Length of time :wi~:utpayjng rent ~LA};~~73C\1f.l
Date rent due "1-Amount of renl due $ Jf!T
7'L' 0
t;: '
L-..J242
::s
__ ___
3. That the periodic rental payments have not been waived or altered....by a written
agreemenl of any kind.
4. That the above named tenant is in arrears on rent and that notice has been served on
the tenant in accordance with the provisions of Nevada Revised Statutes, Chapter
40, as amended, a copy of which said Notice of Eviction is attached hereto and is
incorporated herein .
5. That more than five judicial days have elapsed since the service of the Notice of
Eviction as aforesaid, namely; P in!erSOn on
, OR
/0'Mailing on
{p -- C2(I2 ,AND [;1 Posting on D()o r Lj_ ~ -of,
but the above named tenant has refused, and still refuses to vacate and quit the
above mentioned premises.
'i--
d any written
2,
29
30
Washoe County or his agent, ordering the above named tenant from th
premises, as provided for in Nevada Revised Statutes,
40.
JO
lh;ler A ~ 0 I
STATE OF NEVADA
REQUEST DATE
10/09/2006
32272206
SUP.TRAN.ID
180 HOWARD ST
SAN FRANCISCO CA 94105
DRIVERS LICENSE DATA
TEN YEAR
RECORD
- LICENSE INFORMATION
DLN
:3200175008
ORIG.ISU.DT :NOT AVL
MEDICAL EXP :NOT AVL
II
STATE OF REC:NEVADA
LAST.TRN.DT :08/16/2006
10 CARD DETAILS
I
I
INDIVIDUAL DETAILS
ZACHARY BARKER COUGHLIN
DOB
09/27/1976
MAIL ADDRESS
CITY/STATE
945 W 12TH ST
RENO NV 89503
945 W 12TH ST
RENO NV 89503
PHYS ADDRESS
CITY/STATE
DESCRIPTION
SEX:MALE
IV
EYES:GREEN
- LICENSE DETAILS
PERMIT
NCDL C
NORMAL
VALID
09/27/2
*******************************************************************************
v
- CONVICTION LISTING
CONVICTION DATA IS INCLUSIVE OF TEN YEAR RECORD ONLY
CITE. DATE
CONV.DATE
8T
COURT
VIOL
CODE
11/30/2002
01/09/2003
01/20/2005
NV
NV
116
247
431
100
11/13/2004
OFF
CMV
TYPE
OFF
HAZ
MAT
CITATION
NUMBER
N
N
N
N
Rl15317
0000982687
871
851
00
TOTAL ACTIVE POINTS:
t*****************************************************************************
PAGE NO:
1 Continued ..
UDOI
.---
.JUSTICE
VI - WITHDRAWAL LISTING
NEVADA DRIVERS LICENSE SYSTEM
CIII_..
WITHDRAWAL DETAILS
NAME
ZACHARy BARKER COUGHLIN
FILE.NBR
- - - - - - -_ _
RSN
BEGIN.DATE
END . DATE
D08
DLN
09/27/1976
3200175008
REINST.DT
STA
EXT
ST
CITN.NUM
FTA
BLK
01/20/2000
02/24/2000
CLE
NV
l02053878A
PTA
BLK
06/27/2001
05/31/2001
CLE
NV
1024970858
PTA
BLK
06/27/2001
05/31/2001
CLE
NV
l02497085A
I
I
I
I
u002
**
-- N;;~DA
STATE":
001264700853
STATE OF NEVADA
DEPARTMENT OF MOTOR VEHICLES AND PUBLIC SAFETY
DRIVERS LICENSE DIVISION
NAME:
SYSTEM DATE:
SYSTEr., TIME:
EMPLOYEE 10:
TRAN 10;
2001-05-22
08.09.55
DLN:
3200175008
DOB:
1976-09-27
1594
11828991
WITHDRAWAL TYPE:
I
I
I
I
I
I
I
483.465
ON 06-27-2001.
YOU CAN PREVENT THIS SUSPENSION IF YOU PAY THE COURT FlNE AND
OBTAIN A CLEARANCE FROM THE COURT BEFORE 06-27-2001. YOU CAN CONTACT
1024970858.
DEBBIE DANNER
.0
11 003
STATE: NEVADA
CLARK 'nUN'TV
."IOlloo I
COURT 128
(COUGHLIN. lAUl
)
)
LICENSE #:
eAIL .un :
:
Sf: Ij-Y
SStt;: 2958&1t380
oms:
09/2111976 SEX:
AOOIJIO~4L
IOO.OIl
INSURANce REQUIRED
all_SIflE~~aB&l'
COURT
__________________ _
4D~lNtSTR4TDR
--
uOOlt
......... ,
~
~
,,
, ,.,
.,.
:'" -.t.
~-~",;
_G-l1!'- - -
- ---~
RETURN
TO
STATE OF NEVADA
CENTRAL SERVICES SECTION
555WRIGHrST
CARSON CITY NV89711-0425
.--
'1"I,I,II1I".I",II" ll11"~,.I"IHI.I,I,I,.I,I"I,I,,,II,1
, [) 05
~'*M1.2.-&nd3. AISo~
""~IC'It:d~is~,
Ih&nwerw
""'"
maI'ipieee,
CnUGHlTH 1
CJ A:oenl
0_
ZACHARY 6AR~ER
3200175009
FTA 1024970858
--....
1006
001164700851
r.,. .
DEPARTMENT
STATE OF NEVADA
SAFE1"
NAME,
SYSTEM DATE:
SYSTEM TIME:
EMPLOYEE 10:
TRM lD,
2001-05_22
08.09.35
DLN:
3200175008
DOS:
1976-09-27
1594
11828991
WITHDRAWAL TYPE:
483.46 5
""'
ON 06-27-2001.
YOU CAN PREVENT THIS SUSPENSION IF YOU PAY THE COURT FtNE AND
OBTAIN A CLEARANCE FROM THE COURT BEFORE 06-27-2001. YOU CAN CONTACT
THE COURT AT 702-455-5944. YOUR CITATION NUMBER IS 102497085A.
IF A CLEARANCE IS NOT RECEIVED FROM THE COURT BEFORE 06-27-2001, YOU
WILL NEED TO PAY THE FINE AND REINSTATE YOUR LICENSE BEFORE
YOU MAY LEGALLY DRIVE .
PLEASE READ THE REVERSE SIDE OF THIS FORM FOR MORE INFORMATION .
YOU MAY REQUEST A BEARING BEFORE 06-27-2001.
IF yOU HAVE ADDITIONAL QUESTIONS AFTER YOU CONTACT THE COURT.
YOU MAY CALL ME AT (775)684-4877.
DEBBIE DANNER
DRIVERS LICENSE DIVISION
ZACHARY COUGHLIN
4487 LOS REYES
LAS VEGAS NV 89121
li 0 0 7
frIIE'''1:04
STATE:
NEVADA
CLARK COUNTY
(COUGHLIN, l.\Ul
,Ny
)
89103
Lrc.Ek$E . :
Sf: NV
ss.:
Z9S86~380
B-Atl ANT :
ClilRGE
100.00
II
d008
- -
[--
003318700571
~-
STATE OF NEVADA
NAME:
Sy STEM DATE:
2000-02-24
SYSTEM TIME:
14.18.19
EMPLOYEE ID:
1594
TRAN 10:
4474780
DLN:
3200175008
DaB:
1976-09-27
DEBBIE DANNER
LICENSE REV!EW SECTION
ZACHARY COUGHLIN
4487 LOS REYES
LAS VEGAS NV 89121
1009
","" U
lRAFRCDll/fSION
CLARK COUNTYCO/JlmfOVSE
ZOO SOlJ7ll: 'l7Ill!J) In'.B.EEr
LAS VEGAS, NElfADA-Ufss,2511
PHONE (71IZ)._
FAX(71I2)~
.....'''''"''m'''''..
ANY"
DATf:'_~_ __
FAX HUMBER:
CO~.~'
6e~\;&. S\.",mc
______~____~~~_______
\\
\.
\d
".
.
.
'.
"
' >
\ '
.
\\
(\\,'
\.,
''I'
0010
.---~-----------~--.
STATE
OF
-,=
NEVR~~129302988
NAME:
SYSTEM DATE:
SYSTEM TIME;
EMPLOYEE 10:
TRAN 10:
1999 - 12 - 15
08.29.29
1997
3486061
DLN:
3200175008
DOB:
09 - 27 - 1976
12 - 17 - 1999
WITHDRAWAL TYPE
FTA
102053878 NRS:
483.465
ON 01-20-2000.
HOWEVER. YOU CP~ PREVENT THIS SUSPENSION IF YOU PAY
THE FINE AND GET A CLEARANCE FROM THE COURT BEfORE
01-20-2000. PLEASE CONTACT THE COURT AT 702 - 455 - 5944.
YOUR CITATION NUMBER IS 1020538781\.
IF \iE DO NOT RECEIVE A CLEARANCE NOTICE FROM THE COURT
DEBBIE DANNER
LICENSE REVIEW SECTION
ZACHARY BARKER COUGHLIN
001 I
NEVA.OA
JUSTICE COURT t
VE~~I~
C.L4R.K COUNTY
SuUT;-\ THIRD STREET
ZOO
LAS
LAS
VE~AS,
(70l)
NEvADA
d~155
~55-H35
lA(HARY
__
BARIU:K
t19121
CHARGE
3ZQ01750tJ6
DArE JF vIOLATION :
({TATIOND: 1-0205367dA
SAIL AMT
9'5.00
4825451
10/09/1999
100.00
c.uUkT
uOl2
v
003025 702886
STATE OF NEVADA
NAME:
CITE DATE:
CONV DATE:
COURT:
VIOLATION,
OFF TYPE:
CMV OFF:
RAZ MAT,
CITE NBR:
STATE:
SYSTEM DATE:
SYSTEM TIME,
EMPLOYEE ID:
TRAN' In:
2002-11-30
01-09-2003
116
431
S71
NO
NO
DLN:
3200175008
DOS ,
09-27-1976
R11S317
NV
01-16-2003
20.14.18
2845
22267216
0013
-=r
a
'::::J
ST, NV
ST: NV
FORFEIT
SPEED/LIMIT CODE
NATURE OF OFFENSE
BASIC SPEED RULE
FINE/FORFEIT:
SUSPENDED:
75.00
"\A:
60735
50.00
JAIL SENTENCE:
OTHER ORDERS/REMARKS:
IF REVOCATION IS MANDATORY, WHAT DISPOSITION WAS MADE OF LICENSE?
(116)
1/09/03
431
. . . . . . . . . . . . . . . . . . . . .,
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Zachary 8. Coughlin
DOB: 9127176
Date oflncident: October 2001
.nc
1002
2
3
Plaintiff
5
6
:,,~
-vs-
c,_
,.._FJ1Y
Defendant.
CASE NO.
0 I M23327X
DEPT. NO.
CRIMINAL COMPLAINT
(.;1,
The Defendant above named having committed the crime of OBSTRUCTING A PUBLIC
10
OFFICER (Misdemeanor - NRS 197.190), in the manner following, to-wit: That the said
II
Defendant,
12
of Nevada, did then and there wilfully and unlawfully hinder, delay and obstruct Officer W.
13
CHO, Las Vegas Metropolitan Police Department, in the discharge of his official powers or
14
On
or about the 14th day of October, 2001, at and within the County of Clark, State
IS
All of which is contrary to the Conn, force and effect of Statutes in such cases made and
16
provided and against the peace and dignity of the State of Nevada. Said Complainant makes this
17
;(~c:d12
18
19
1111/01
20
21
22
23
24
25
26
1
OlM23327X!kb
27 LVMPD EV#0110142390
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Ll003
COUGHLIN, ZACHARY
VS.
DATE, JUDGE
OFRCERS OF
COURT PRESENT
APPEARA.NCES
O/R RELEASE
CONTINUED TO:
11/14/01 8,00 11
T/A
1/17/02 1,30 il
INITIAL ARRAIGNMENT
"
. cINTOLA,
HEARlNG
-DVEMBER 1, 2001
CASE NOO1M23327X
,.~
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O/R CONTINUES
TIME SET FOR CRIMINAL TRIAL
MCIXlNALD I DA
HARNESS, CR
TO SEALING OF REXXJIDS
WILLEY, eLK
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CERTIFIED COPY
The document to which this eerlJflcafl Is
attac/)ad Is a full, trufland COOBcI copy of the
orlglNi on nit and of record In JusUce Crut
of Las Voga, T_hlp, In and for lile COUI(
of Clark, State'or Nevada~ ~
liDOS
~rJi!rg- ~
--
PO Box 552511
Las Vegas, NV 89115
RE:
Lynne ThingvoJd
Legal Assistant to
Susan Kagan
Deputy Trial Counsel
~t
ene.
RECEIVEO
StP Z92006
Jus nCEA~~~1ENi
REGOROS M
u006
CITATION NUMBER
CASE NUMBER
01M23327X
10/02/20106
RECEIVED FROM
"eE!t'8tmru:'fIS~
SAN FRANC1SC
CA
7. ACHAR Y
AMOUNT PAID -
10.00
CHK
RECEIPT NUMBER
!i:l~622552
T 9622552
www.co.clark.nv.us/justicecourtlv/welcome.htm
Date: 10/02/06
THE CHECKED BOXES BELOW INDICATE THE COURT'S RESPONSE TO YOUR INQUIRY.
[]
[]
[ ]
[J
[J
Referenced case(s): was/were bound over to the Eighth Judicial District Court, Case
No.(s)(Fax: 702-671-4548)
To comply with your request the following fee or additional information is required:
[]
[]
[]
[J
[J
[XX) The following document(s) are enclosed: A certified criminal complain and a
certified minute report
I'm also sending a refund to you for $3.40 separately.
-..
IXXI Otber
J
BY:&j'a.~2
L Laudensack, Deputy Clerk
WORD\FRMCORRresponse
.......
II
uOOI
2
THE STATE OF NEVADA ,
1001 MOl - I I A
0;
Ob
Plaintiff,
4
-vs-
CASE NO.
["
- ..=,,+-" ..FJ1Y
Defendant.
0lM23327X
DEPT NO.
CRiMINAL COMPLAINT
8
The Defendant above named having committed the crime of OBSTRUCTING A PUBLIC
OFFICER (Misdemeanor _ NRS 197.190), in the manner following, lo-wit: That the said
10
Defendant, on or about the 14th day of October, 2001, at and within the County of Clark, State
II
of Nevada, did then and there wilfully and unlawfully hinder, delay and obstruct Officer W.
12
CHO, Las Vegas Metropolitan police Department, in the discharge of his official powers or
13
14
C!
15
16
17
18
19
20
21
22
23
24
25
26
01M23327X1kb
27 LVMPD EV#Oll 0142390
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CERTIFIED GOey
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S~VS.
--
COUGHLIN, ZACHARY
CASE NO.
DATE, JUDGE
OFFICERS OF
COURT PRESENT
"reo
O/R RELEASE
) TOo
11/14/01 8,00 11
T/A
ClUM1NALCiiiPi
JOVEMBER 1, 2001
OlM23327X
FILED
1/17/02 1,30 U
JOVEMBER 14, 2001
1. LIPPIS
'~fiN,
i.
DA
f'NESS, CR
I.
:. CINTOLA, CLK
.NUARY 17 I 2002
:.IPPIS
MCDONALD I DA
HARNESS, CR
WILLEY, eLK
INITIAL ARRAIGNMENT
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CERTIFIED COPY
Tile document to whlBh thl, eertillcat. Is
attached Is afull, true and correct copy of the
Mlgll'II] on nit and 01 record In Jusllce CoLwt
01 w Vegas Town'hiII, In and lor 1110 COUII\ J '/l,
01 CIIIft, Slale 01 ~~'
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Sincerely.
L)nne Thingvol d
Legal Assistant to
Susan Kagan
Deputy Trial Counsel
Ilt
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RC\\IEO
St~ 2. 91006
JUS"IICe ~0~1,,"'i
\\<(;0\\05 \~~
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"
C.l.SE NUMBER
CITATION NUMBER
01M23327X
10(02/:l006
RECEIVED FROM
SAN f'RANClSC
CA
"'!(!t'ltl'<mt1'l1~ 7. ACHAR Y
OPER .?p~~ NUMBER
AMOUNT PAID -
10.00
CHK
RECEIPT NUMBER
0~622!l52
T 9622552
TO FINAL AUDIT.
BY DEPUTY CLERK _ __
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California.
CASE NAME
ZachaC)' CoughU"
CASENUMBER~03L~~O~O~9~3~7__________________________
BY.____
~~~~__~~~=-,,----------------DEPUTYCLERK
\
720 NInth S!~.t. Crimil\lVCj~jl RcC(l'ds. SlcramonlO, CA 9S814
TELEPHONE (9]6) 874-5664 FAX (916)874.5721
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-~UGHLIN
(...1tl
JUDGE:
DATE:
RIGHTS:
ADV
WVD
ADVISED
possibility of 1203.03 PC
rights re~arding
citizensh~p
parole rights
option of changing plea
in re : West
consequences of plea
Tape Number
here~n
LS
ordered Lncorporated
in the record
Defendant advised of above
found defendant understood
1ntelligently, voluntarily
in~. ials above. Defendant
GUILTY
NOLO CONTENDERE (acknowledged it is same as guilty)
NGRI
t
::. 'J
(PC 1026)
he charges of:
3.]..'= .
:c:.lrt dismissed:
Insufficient Evidence
In VieW ofof Plea
________________________________________________________
Interest
Justice
Proof Shown
Harvey waiver
:".rt found that the above plea(s) was voluntary and there was a factual basis
or same.
..
1420/CR61C - PAGE 02
"
SUPERIOR C
. ,
DEF
1
DEFENDANT NAME
COUGHLIN ZACHARY BARKER
XREF
3914133
CASE
03T009 37 MUNI
09/27/1976
BOND iI:
DEFENSE:
PROSECUTOR:
TYPE,
SECTIONtS) VIOLATED:
01/23/2003
leT 1)
VC
23152 (Al
UOl. 5
couNtY
o '"uS!
Co/)
"same;'
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ACM-1(REV.12/93)
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...............------
I~J"
. -~~-HIGH WAY PATQnl
~T
~SACRAMENTO
SUPERIO R
OF CALIFORNIA, COUNTY
MINUTE ORDER - HEADER/PROCEEDINGS
PENDANT NAME
DEF
~t
OSECUTOR,
XREF
3914133
CASE
03T00937 MUNI
BOND #,
DEFENSE :
TYPE :
CTION(S) VIOLATED,
01/23/2003
(CT 1)
VC
23152(A)
********************* ********************************************************
JUDGE
DEPT
**** *************** ****
191)3 STANGER
03
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XREF - 3914133
h"!:::ES:
SACRAMENTO
NADERA RD
::::p - D9 27 '1976
::TI'"-,u
BARKER
ZACHARY
COUGHLIN
HGT
~A
60''t
,-
'II
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ZOO
SSN . -
OLN.PARKED
DISPO.-
ADPRES S-
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BRO
2'35864360
/I,T SCENE
----------------- -----------aK
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H'IR
DEPT.-
03
r'.-n""'E;cs-
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9 T H STREE T .
SACRAMENTO. CA 95814
SECOND FLOOR
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"
:
JAN24 Z003
REGISTRY NO.-
.0;
DESCR1PTION
DRIVING U1~DER INFLUE NCE OF ALCO HOL ANDIO
UNDER INFLUENCE OF NARCOTIC
087208Q1 01
SEVERITY
COUNT
MIS
01
01
Mrs
o3nv931
~UG AGENCY:
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rF ARREST- WYDA
CT Dr - 01/Z3/03
- O'!'.
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CLIENT: You are ordered to report in person to the Alternative Sentencing Program for an interview with in
CALENDAR DA YS. APPOINTMENTS ARE NOT GIVEN. YOU MUST REPORT TO,
10
,
up to 20 hours ~ $20
21 to 40 hours ~ S40
41 to 60 hours ~ S60
Over I 000
S200
CLIENTS MUST BE PREPARED ,-0 PA Y AT LEAST THE FIRST S50 OF ALL FEES AT THE TIME OF
lNTERVIEW OR THEY WILL NOT BE ALLOWED TO SIGN-UP FOR THE PROGRAM.
DATE
I
QR1GfNA.L.. COURT FILE
YELLOW PROBATION
PINK - ASP
GOLD - DEFENDANT
uOI O
~~~
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CASE NO.
. ENT'S NAME (LAST, FIRST,
,,
'.
.'
OF
DATE OF
TELEPHONE NUMBER
~ ;
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c. [.lENT: You are ordered to report in person to the Alternative Sentencing Program for an interview within 10
L ~LENDAR DA YS. APPOINTMENTS ARE NOT GIVEN YOU MUST REPORT TO,
A $20 APPLICATION FEE PLUS THE FOLLOWING PROGRAM FEE WILL BE APPLIED.
61 to 80 hours ~ $80
81-100 hours ~ $100
101 to 300 hours ~ $125
JlUGINAI-
COI)~T 1"1I.E
YELLOW - PROBATION
PINK - ASP
QOLD- DEfENDANT
DO I I
CHANGE OF ADDRESS
XREF#
DEFENDANT'S NAME:
ADDRESS:
CITY:
I (; Ytj
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l'PDATEDBY' - - -
UI
95!1L~
001'2.
COUNTY OF SAC.
IENTO
PLEA DATE:
III!JN'P- WINI!'
3914133
03T00937 MUNI
DEPT:~._
RIGHTS:
AI?~r
WVe
ADVISED
COUNSEL, retained or appointed
PRELIMINARY HEARING
JURy TRIAL, speedy and public
CONFRONTATION, of witness
SELF INCRIMINATION, remain silent
Citizenship
parole rights
option of changing plea
in re: West
consequences of plea
<7'&=0
___ Electronic Re:;~o~r~d;>;'n~\9c~M;Ofn~i~ttO~r~~~~~~~================
~Tape
~#
Number
~-
The written Waiver and Plea form filed herein is ordered incorporated
in the record
GUJ TY
_~
UYL
SJ..C;
Court dismissed:
Insufficient Evidence
Interest of Justice
In View of Plea
Proof Sho'tffi
Harvey Waiver
Ccart found that the above plea(s) was voluntary and there was a factual basis
fer same
LlOl3
SACRAMENTO COUNTY
JAN SCULLY
DISTIUCT "TTDJtNEY
ROBERT JARZEN
LABORJ,TORY rnRECTOR
February 4, 2003
TOXICOLOGY REPORT
On January 24, 2003, the Sacramento County. Laboratory of Forensic Services received one urine sample.
RESULTS
The following were detected and confirmed: ll_nor_9_carbo xy-THC. hydrocodone.
The following were not detected: methamphetamine, MDMA, benzoylecgonine, phencyclidine, morphine,
benzodiazepines, barbiturates and other basic drugs.
Lisaa.nr
Date
Date
Cnminalist
Q~~MC;:/~/~
~ iIGNED(Sl5ITE
- ,-
DATE
0001
- '-
JAN SCULLY
DISTRJCT ... TTOkNEv
SACRAMENTO COUNTY
ROBERT lARZEN
LADORA TORY DIRECTOR
,
01/29/2003
'03-00938-001'
LAB NO:
AGENCY NO:
OFFICER:
BADGE NO:
03-00938 -001
NHP-RS-088855
GEORGE
13299
.... i.
ETHANOL RESULT:
0.01% (BAC)
I certify, under penalty of perjury. under the laws oflhe State ofCaiifomia, that this analysis was performed
during the regular course afmy duties, and is a true and correct report of the results aftha! analysis.
I funher certify that f am qualified to perform this analysis pursuant to Title 17 of the California Code of
Regulations, and the equipment used in arriving at the results was in proper working order at the time the
analysis was performed.
I further certify thai I am the maker Oflhis document and that my signature has been affixed by means of an
electronic device.
0002
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PAGE"
88855RS
OF 4
DYES
.(E.>pI .... ., Na'talwe)
~m
13.dmonltion: I
reQuesling thaI you lake a prellmlnary alcohol screening lesllo further assist me in determining whelher you are under the
of aleonol. You may refuse 10 take this test; however, this Is not an Implied consent test and II arrested, you wm be requited to give a
of your blood, breath, or urIne lor the purpose of determining the actual alcoholic and drug content 01 your blood.
o '"
JAIL
rent! lHtang equipmenl does
any breath
or anyone else.
~. sample re~jned, you may prOvide a blood or urine sample thaI will be retained al no cost to you. II you do so, the blood or urine
~y.be tested for alcoholic or drug content by either party In a crlmln!!! prosecution.
ani
yes
NO
U004
!
.. OF CALlFORNIA
.nRATIVE/SUPPLEMENTAL
r-
OATE OF INCIDENT
TIME
01/23/2003
2230
NCIC NUMBER
9250
PAGE.3 OF.4
OFFICER J.D.
NUMBER
013299
2
3 ROMBERGIINTERNAL CLOCK: The subject swayed in all directions approximately 3 inches
4 from center and slowly lowered his head.
5
6 ONE LEG STAND: The subject teetered in all directions and raised his arms from his sides on
7 occasion during this test.
8
9 FINGER COUNT: The subject Counted 1,2,3,4,5 1,2,3,4,5 on all three repetitions.
10
11 FIRST OBSERVATIONS: I was driving a marked CHP unit northbound on Howe Avenue at
12 Cottage Way. At this time, I observed a vehicle stopped at the limit line for a red traffic signal on
13 Cottage Way westbound at Howe Avenue. As I passed the subject vehicle, I noticed that the
'Lrjriver was not wearing his seatbelt as required by section 27315(d) VC. I passed the subject
15 vehicle, initiated a U-turn and proceeded back southbound on Howe Avenue toward Cottage Way.
16 As I reached Cottage Way, the signal light for southbound Howe Avenue cycled to red. The
17 subject vehicle made a left turn from Cottage Way and proceeded southbound on Howe Avenue
18 with the driver still not wearing his seatbelt. I positioned my patrol unit directly behind the subject
19 vehicle and activated the front red lights. The subject vehicle made a right turn onto Wyda Way
20 and stopped.
21
22
23 OBSERVATIONS AFTER STOP: I made a left 'side approach on the subject vehicle and
24 contacted the solo occupant/driver through the open lett front window. Immediately, I could smell
25 a strong odor of freshly burnt marijuana inside the vehicle. I asked the driver for his driver's
26 license registration and proof of insurance. The driver handed me his Nevada driver's license
"
'
27 that identified him as Zachary Barker Coughlin. At this time, I noticed Coughlin's eyes were
~'l bloodshot and watery. I asked Coughlin to exit the vehicle and directed him to an area near the ~
- -
PREPA~EO BY
1.0. NUMBER
OATE
J GEORGE IOFFICER
013299
01/23/2003
REVIEWER'S NAME
DATe
STATE OF CALIFORNIA
NARRATIVE/SUPPLEMENTAL
DATE OF INCIDENT
0112312003
TIME
2230
NcrcNUMBER
9250
PAGE 4 OF 4
OFFICER J.D.
NUMBER
013299
1 right Side of my patrol unit. As he walked, I noticed he was unsteady on his feet. I had a brief
2 Conversation with Coughlin. As he spoke, I could smell a strong odor of burnt marijuana about his
3 person and on his brealh. Based on my training and experience as a certified Drug Recognition
4 Evaluator, I began to sUSpecl Coughlin may be under the influence of drugs. I administered a
5 series of field Sobriety tests to Coughlin. He was unable to perlorm Ihe tesls as demonstrated or
6 explained. Based on his driving, his objeclive symptoms of drug use/influence, and the field
7 Sobriety tesls, I formed Ihe opinion Ihal Coughlin was under Ihe influence of drugs and unable 10
8 safely operate a motor vehicle.
9
10
11 ARREST: I arrested Coughlin for a violation of section 23152 (a) VC (Misdemeanor DUI). I
12 tranSported Coughlin 10 the Sacramenlo County Jail where I perlormed a complele ORE
13 evaluation. Upon the concluSion of my evaluation, I formed Ihe opinion thai Coughlin was under
the influence of Cannabis and unable 10 safely operate a moral vehicle. I explained section
2~612
I_A VC (Implied Consent) to Coughlin. He chose and submitted 10 a urine test. I collecled a urine
16 sample al 2350 hours. Coughlin was then booked into Ihe Sacramento County Jail on a charge of
17 23152(a) VC (Misdemeanor DUI).
AA
'r'
J GEORGE / OFFICER
1.0. NUMBER
013299
DATE
01/23/2003
AEVIEWER'S NA~E
DATE
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STAn; OF CAUFoItMJ.
NARRA TIVEISUPPLEMENTAL
(
1M T'E Of INCIDI<T
01-23-03
~(2_)
3
NCIC tIUMIlER
2245
9250
~=w
13299
_"
88855RS
LOCATION: This evaluation was conducted at the Sacramento County Jail booking
and receiving area.
WITNESSES: Officer A. Escatel #14344 was present'during this evaluation.
BREATH ALCOHOL TEST: Officer George obtained a B.A.C. reading of .000% at
2307 hours. This reading was obtained using a preliminary alcohol screening device
(Imoximeter Inc., AJcosensor rv #8550).
INITIAL OBSERVA TIONS OF SUSPECT: Upon contact with the subjecl at the
Sacramento County Jail, I noticed his eyes were bloodshot and watery and pupils were
slightly dilated. The subject's face was flushed. The subject's clothing smeJIed strongly
of freshly burnt marijuana.
I\[EDICAL PROBLEMS AND TREATJ\.1ENT: The subject stated he has chronic back
pain and takes Lonab (10 mg) twice daily.
PSYCHOPHYSICAL TESTS:
ROMBERGIINTERNAL CLOCK: The subject swayed in all directions
approximately 2 inches from center. He had an altered sense of time estimating
30 seconds in 33 seconds.
WALK AND TURN: On the first set of nine steps, the SUbject walked with
floppy feel. The subject pi voted on the heels of both feet on the tum around. He
walked in a crooked manner stepping off line on #3 on the return set of nine steps.
ONE LEG STAND: wi6s right foot raised, the SUbject swayed in all
directions. With his left -rogl raised, the SUbject swayed in all directions.
FINGER TO NOSE: The subject was unable to touch his fingertip to the tip of
his nose on six of six attempts.
CLINICAL INDICATORS:
EYES: The subject's eyes were bloodshot and watery. His pupils were dilated in
all typesof lighting conditions and were slow to react to light stimuli.
1UJ'AA,U:. S /fAME.
Jeff George
La NUMilER
13299
"'"
OJ2403
Sf .. n Of CAUFOP.MA
NARRA TIVEISUPPLEMENTAL
DUr.Of INCIDENT
nME(2400)
01-23-03
~ICNVMllER
OFFlCERI.D.
2245
9250
13299
--~
88855RS
VITAL SlGNS: The subject's pulse was elevated each time I checked it. His
blood pressure was within the normal range.
SIGNS OF INGESTION: The subject's tongue was coated with a pasty green film. His
breath smelled strongly of freshly burnt marijuana.
SUSPECTS STATEMENTS: None.
DRE OPINION: Based on the objective symptoms of drug uselintoxlcation, the
psychophysical tests, and clinical indicators, I formed the opinion that the subject is under
the influence of Cannabis and unable to safely operate a motor vehicle.
None.
rtDAlU.s NAIoCIi
10. NUMBEA
,m
JettGcorge
13299
01-24-03
,m
SACRAMENTO COUNTY
J~
SCULLY
DlST?JCf ...~'EY
ROBERT JARZEt<
u.BOAA10llY OIUCl'OP.
'03-00938-001'
0112912003
CALIFORNIA HWY PATROL-NORTH
5 I 09 TyleT Street
Sacramento CA 95841
j
LAB NO:
AGENCY NO:
OFFICER:
BADGE NO:
03-00938-001
NHP-RS088855
GEORGE
13299
I certify, under penalty of petjury, under the laws of the State of California, that this analysis was performed
during the regular course of my duties, and is a true and correct report of the results of that analysis.
I further certify that I am qualified to perform this analysis pursuant to Title 17 of the California Code of
Regulations, and the equipment used in arriving at the results was in proper working order at the time the
electronic device.
Date: January 28,2003
uOIO
SACRAMENTO COUNTY
JAN SCULLY
DISTiller "'TTO~y
ROBERT 1A.RZt!N
1.A801lA 1'011;1' OU.ECTOR
February I 0, 2003
CALIFORNIA HwY PATROL-NORTH
5 109 Tyler Street
Sacramento, CA 95841
TOXICOLOGY REPORT
On January 24,2003, the Sac.amento County Laboratory of Forensic Services received one urine sample.
'/
00/ /
The Applicant:
05015887404
FOOl. 6501866-4430
,
,
ZACHARY B. COUGHUN
8
9
In the Mauer of
,
7
APP~CES
2
3
10
)
ZACHARY e. COUGHLIN
10
) '
) NO.06M13755PEM
,1
)
An Applicant fot Adnusslon. )
12
THESTATEBAROFCAUFO~
II
12
J3
1:'
\4
",
15
.6
\6
17
\8
19
20
118
Volume 2
Thursday, Apn126. 2007
\9
211
-000-.
21
22
23
"
24
Reponed by:
!.1
2S
Page 3
Page 1
1
2
INDEX
Examination by:
Page
MS. KAGAN ............. .... 5
,2
4
5
6
"
g
I
10
3
4
5
--000---
INDEX OF EXHIBITS
(No exhibits marked.)
9
\0
---000--
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
14
"
[n the Matter of
)
ZACHARY B. COUGHLIN,
)
) No.06-M-13755-PEM
)
An Applicant for Admission. )
, ------)
,2
13
2
2'
<;
15
16
"
18
.9
20
21
22
23
24
Page 2
I (Pages I to 4)
l
C,4
'\1,\,5
6
7
8
9
EXAMINATION
BY MS. KAGAN,
Q. Okay. This is a continuation of the
deposition that actually started on March 2nd, 2007 in
Reno, NeVada. And this is based on the Court's order
compelling Mr. Coughlin's attendance to answer questions
A. Did Court's order say "substance abuse" or did
l2
13
14
15
A. Yes.
'8
19 w1th his addiction to alcohol. The Court told
20 Petitioner that he has the burden of establishing that
21
:!2
:!3
,.
::!5
later.
3
4
A
S
Q.
6
A
7
Q.
A
8
9
Q.
lOA
J I years.
10
II
16
12
13
14
15
16
17
18
19
20
21
22
23
24
25
Q. You bave been clean and sober for the Jast ten
years?
A That's Dot wbat I said.
Q. Oh, so -- I'm sorry. Your last drink was in
the last ten years?
A Yes, some time iu the last ten years.
Q, What about in the last five years? Have you
had a drink in the last five years?
A Well, I tbink if tbat arrest was in '03, then
tbat would be - we are in '07 now, so tben that would
be - yes, right, because that's four years.
Q. What about after your arrest on January 7th,
2003? Did you ever have any alcohol after that date?
A Not tbat I remember.
Page 5
Page 1
2
3
4
5
6
7
S
9
10
II
12
13
14
15
16
17
18
19
20
21
22
23
2.
25
Page 6
2 (Pug.s 5 10 ~)
1
2
3
4
S
l ........... JooIIf.,
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atIeDd
7
8
9
10
II
12
13
14
IS
16
17
.,.., . . . . . ., ....
Q. DoyouCOlllidcr)UUlllllf ... bemaleabob.,
A. r. JIet .... wIIat,.. _..,. ...... JIo"'.
Q. Okay. Mr. CouabI/D. 1'mDOl..,.,,1oplay
Iheso pmos with you this limo, ..,..,
A. r .... ,..,..._-,...,Q. You .....,ioJowwbottbe_lUl8ofaIooIJolic
is, -Jhou&b youjual tesIified ... soiDB'" _
Alcoholics AnoIIymous ..'
A. 1_.loIo1poop1e .... dIII'ei_t
__
18
Q. WhatlSanalcoholictoyou1
19
A. r. __ Itll . . . . . . . . , . . _
20 taIre ....... a.t .... a.u If,.'....
21 .at.
22
Q. I'm aakins tho questIOllI, __
23
24
Do you bo_1batyou have m addic:tioarrt
of_m._'"
-1MIaoIr.
-.11 ..._
.....
... ,...1
2S alcohol?
I
2
5 _
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7
Q. WeD, h.auld llb}QJr _
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8
A. ....,1 ................ pIQ fed
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17
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19
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23
24
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2
3
4
5
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7
8
made them?
A. So we are not going to address the part about
you saying tbat I said J had addiction to alcohol?
Q. I just read to you the statements that you
made at the infonnal conference. j am asldng you
whether those statements were true at the time that you
9 said them.
IO
II
12
13
14
15 times now.
16
The statements that I just read to you, were
17 those the truth when you stated them?
18
A. So we are not talking about the last question
21
question.
22
23
24
25
Page 15
Page 13
,
4
,
,
10
to alcobol.
Q. Okay. At the informal conference on January
8th _ excuse me, July 8th, 2004, you staled, "There is
13
a big change from those times, and it would be thai on
5 January 1st, 2002, I became a sober member of Alcoholics
Anonymous. "
.~
You further stated, "Alcoholism is in my
I'
genelics.
you know, it's something thai really
18
exacerbates
my character defects."
19
When you made those stalements, did you
00
.I
12
"
1
2
l:
.3
L4
21
"
2C
2.
ZS
believe them?
A. Well, first, I think you were reading that to
illustrate that 1 bad said I bad an addiction witb
aJeobol, which I sai~ that I don't recall e\'er saying
tbaL So are we mo\'iog 00 from tbat?
2
3
4
5
6
7
8
9
10
II
12
13
14
l5
16
17
18
19
20
21
22
23
24
25
statements?
Q. No. The question was whether or not you were
telling the truth at the time you made those statements.
A. The statements regarding alcoholism being in
my genetics and my character defects being exacerbated
by akohol, did I believe those statements? I cao't say
definitinly that 1 know those statements to be
100 pen:ent corred. They're very subjective
statements.
Q. Okay. You know whether or not you were
telling the troth or you were lying at the time,
correct?
A. WeD, for instance, if you tell someone you
lo"e tbem, do you know tbat you are saying "I love
you" Q. Mr. Coughlin _.
A. - do you know for an absolute fad?
Q. Mr. Coughlin, just answer the question asked.
A. Well, I am answering the question asked.
Q. Was the statement, "Alcoholism is in my
genetics, you know, it is something that really
exacerbates my character defects," was that statement
true at the time that you made it?
A. True i.n like a scientific se.nse?
Q. Mr. Coughlin, I am not going to go through
Page 10
Page 14
4 (Pages 13 to 16)
.,.-~
. , IU
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,'
, ,
6
7
8
9
10
"
OPlOlons.
A.
8
9
10
"
12
13
14
15
16
8
Q.
Did you believe at the time alcoholism was in
19 your genetics?
I cau't say true or false tbat I believe thaL
was
12
13 d~.rees ~f subjectivity tbat aren't capable of being
diVided I.oto a mUltiple choice type question.
14
.
Q. Old you believe at the time that alcohol was
15 m your
genetics?
16
20
21
17
18
19
20
21
22
23
24
25
Page 11
Page J9
~
~
21
..:.2
?3
Q. Mr. Coughlin, r am asking you questions about
?4 statements that you made previously regarding your
'i relauonship with alcohol.
Page 18
5 (Pages 17 10 .20)
"
7
8
9
10
11
12
\3
14
15
16
17
18
19
20
21
:;1-
:n
24
25
3
4
5
3 reaction?
\3
Page 23
Page21
'1
2
3
4
6
0
9
,)
iI
12
13
J4
5
,6 alcohol?
A. ID those exact terms?
I'
No, not in those exact teoos. Just generally.
Q.
18
A. Yes. I think be tells everyone, you know,
19
20 they bave a problem witb alcobol.
21
21
"3
24
.25
I
2
3
4
5
6
7
8
9
\0
\I
12
\3
I'
15
\6
17
18
19
20
21
22
23
2'
25
A. No.
Q. Do you continue to see Or. Ocskay?
A. y~
Q. Have you ever told him that you're attending
Alcoholics Anonymous meetings?
A. y~
Q. Did he ever ask you why you were attending
those meetings?
A. I don't think so.
Q. Have you ever told him that you believe you
have a problem with alcohol?
A. r m not sure.
Q. Has he ever asked you?
A. I'm Dot sure.
I object to your line of inquiry into whether
someone bas ever said, "Well, I bave a problem with
alwbol," and if they say tbat, therefore. for the rest
of tbeir life, that means definitively that they do, in
fact, bave a problem with alcohol. And 1 think it
discourages anyone from ever taking a look at their
drinking to detenniDe whether or not tbat is true,
because it's as if the second you say that. you've
signed yourself up {or a good five to teo yean of
involvemeot witb the State Bar and/or tbe LAP progT1llIlSo (think that encourages people to just kind of never
Page 24
Page 22
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A. Um.hmm.
Q. Have yOu eyer been evaluated by a medical
9
10
II
12
Q. Mr. Coughlin, f am nOt asking you things that
13 are elusive or confusing. 1 am asking you, have you
14 ever been evaluated by a medical person for alcohol
15 abuse? It is a very specific question. It deserves a
16 very specific answer.
14
17
18 you have tbe flu, and tbe family practitioner asks you,
19 "Do you drink." are you being evaluated for alcohol
20 abuse?
21
Q. Mr. COUghlin, you know very well what I am
22 asking you.
23
Have you ever been evaluated by a medical
24 doctor for alcohol abuse?
25
A. When you say "evaluated," does tbat mean
Page 2S
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15
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Q.
A.
Q.
A.
17
A. J'm not sure wbat you mean by "evaluating."
18
I bave never, you know, set up an appointment
19 and gone and made a CG-pay and had him chart my office
20 visit and do tbings like tbat.
21
Q. Have you ever done that with another doctor?
22
A. I don" believe so.
23
Q. Have you ever24
A. But a lot of doctors ask you bow much you
25 drink. You know, I tbink that's a standard question.
P"gc 28
7 (Pages 25 10 28)
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Q. Yes.
.4
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21
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2l
Q. Why?
A. I'm bot sure.
3
Q. How often do you anend Alcoholics Anonymous
4 meetings currently?
A. It nries.
6
Q. Can you give me a ballpark figure?
7
A. At least once: ::I week.
S
Q. Are you working on the steps?
9
A. I'm nol sure wbat you mean by "working."
10
Q. What step are you on?
II
A. I'm oot sure wbat you meao by "00."
12
Q. Mr. Coughlin. the court has ordered you to
13 answer questions regarding your alcoholism. Now, this
14 is the same thmg as what happened last time I took your
I' depoSition. Are we gomg to play these games or are you
16 actually gomg to answer the questions regarding your
17 alcoholism?
IS
A. I am aoswering your questions. I am Dot
19 playing games. If you could be more specific as to wbat
20 you mean by "on" or "workiDg."
21
Q. Do you understand what the steps of AA are?
22
A. I tbink I do.
23
Q. How many steps are there?
24
A. There are twelve, J believe.
Q. Okay. And have you completed Step I?
2'
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Pag.:
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ep .
Q.l So you don't know whether or not you have
4 comp eled Step 1'1
~ J doo't know whether you can know whether
5
6 you ve completed Step I .
Q. But in ~o.ur opinion, did you complete it?
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these steps.
~.,
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A. Yes.
Q. Okay. Now, I want to ask you, what is Step 4?
A. Made a tist of our character defects, became
completely willing toQ. Completely what?
A. Completely willing to rid ourselves of these
defects.
Q. Have you ever made a list of your character
8
9 defects?
A- V ...
10
11
12
13
defects.
Q. And you did make a list of your character
I'
15
16 defects?
A. Um-hmm.
17
Q. What is Step 51
18
A. Admitted to God and anotber person those
19
20 defects.
Q. Have you done that?
21
"- V ...
22
Q. Six?
23
A. Became willing to - became willing to rid
2'
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Page 33
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you've completed tbose steps.
Q. Let me ask you, Mr. CoughlinTbey're pretty vague, you know, and tbey're
2
J
4
"-
pretty subjective.
Q. Let roe ask yoU <
ADd tbere is a pbrase: "More will be
A6 revealed."
So yOll may think you have completed a step,
8
9
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these defects
Q. Did you do that?
A. I dOD' t know bow you can know whether you have
done that or not. You can try to do it, butQ. What is Slep 87
A. WeU, since you are quizzing me on this, I
will refer _ see in have something to help me. I
25
II
Q.
necessary to complete those twelve steps?
,2
I can't speak for AA- J don't know why.
A- Why do you think that there are twelve steps?
13
Q.
~4
Why do I think there are twelve steps'!
AS
You know, strike mat.
16
Have you ever attended any abstinence
20
21
22
23
24
6
7
9
10
Q. What
A. A book.
Q. May I see it?
15
A- No.
16
Q. Can you al least note for the record whal you
17 are revLewing before you answer this question?
I'
A. My notes19
Q. That's not a note, Mr. Coughlin. Thai's a
20
book that you are referring to.
21
What book is that?
22
A. I'm DOt sure what book this is.
23
Q. Okay. I'm going 10 strike these questions,
2'
25 then.
Page 36
Plgc 34
9 (Pages 33 to 36)
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A Here we go.
Q. No. You cannot cite something that l'm nOl
Citing frOOl.
A- It is an AA book.
Q,. Well, then, leI me review it, please. before
II
A- Um-hmm.
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bytbat.
Page 37
Page 39
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alcohol?
A. I'm Dot sure.
Q. SO it may nOl at all have any relationship to
alcohol as pan of Alcoholics Anonymous, the seeps of
Alcoholics Anonymous?
'0
I
12
13
14 possible, eIcept wben to do so would injure them or
5 other:s.
,6
Q. SO you are reading that from the book right
17 now, correct?
"
2
A. Wel~ as I said earlier, I don't know that any
12 of these steps are capable of being qualified as to
23 wbether or Dot tbey bave been dOne.
24
0 Let me ask you this, Mr. Coughlin, and we will
.<
itself - bow that meeting has - bow tbe people who run
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A. At that anonymous meeting? Do I remember what
21 I said at tbat anonymous meeting to be rehasbed here at
22 tbis depoSition?
Q. Were your statementS regarding alcohol?
23
24
A. Probably 001..
25
Q.
Page 38
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A. No.
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A. No.
Q. What about the past two years?
A. I don't thiok so.
17
18
Q. Well--
19
A. I might have kept alcohol for olher people,
20 something like that.
21
Q. Okay. Let's talk about it this way. So since
22 your arrest in January 2003, have you ever had alcobol
23 at your residence?
24
A. I'm not sure. It is possible.
25
Q. Have you ever had alcohol in your automobile?
Page 41
Page 41
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A. Really?
20 alcohol?
A. [dOD't believe so.
2\
Q. Do you think you have a problem with alcohol
n
23
14
,5
now?
A. I'm Dot sure. [can't say a bundred percent.
Q. Give me your opinion, though.
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A. in my lifetime?
Q. No. Since your - we are talking about since
your arrest in 2003.
A. I'm not sure. Maybe. It is possible.
I don't know wbat tbis bas to do witb my
alcohol abuse.
Q.
asking you, you said that you made
statements at the infonnal conference that you were a
clean and sober member of Alcoholics Anonymous since
January 1st, 2002. And I want to know whether or not
you have ever kept alcohol in your residence since that
time. Actually, yes, let'S go from January 1st, 2002.
A. And if I bad, what does tbat mean?
Q. I am questioning whether or not you had access
10 alcohol in your residence.
A. Do you mean altobol, say, in - because
alcohol is in a lot of products.
Q. I'm not lalking about products that you buy
over the counter. I'm talking about liquor. I'm
talking about beer. I'm talking about the general term,
the general usage of alcohol, Mr. Coughlin.
A. Um-hmm. Rave I ever bad tbat io my residence?
Q. Since January 1st, 2002.
A. probably, yes.
Q. Okay. What about 2oo3?
rm
11 (Pages 41 to 4n
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S
6
7
10
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.,
A. Probably.
Q. That glass of wine, that half glass of wine
that you had before your arrest, where did you drink
that?
,
6
Q.
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Yes.
1255 Jones.
And when did you live there?
A rew years ago.
Was it in 20057
A. Ilhink so.
Q. Was it in 2004?
A. Might have been at the end of'04 to sometime
in '06, some'bing like tbat.
Q. Did you ever have alcohol at that residence?
A. Probably.
Q. Okay. AndA. I dOD't keep a log of what I keep at my
residence.
Q. I am JUSt questioning why somebody who's been
in Alcoholics Anonymous since January of 2002, or at
least has admined to bemg a sober member of Alcoholics
A-
Q.
A.
Q.
Page 47
I
2
3
It your reSIdence?
A. Probably, yes.
Q. Have you ever - what kind of alcohol do you
Keep 31 your residence?
A. I don't remember.
0. Why do you keep alcohol at your rcsidence?
A. Do I keep it? I don't currently bave any
alalbol in my residence, but in the past, if [ bad
alcobo~ it was probably because other people that might
sometimes be at my residence migbt drink alcohol.
Ct. Have you had anybody over at the residence
th.:! . the address that you just named that drank
{Jcohol in your presence?
A Not tbat J remember.
I don't undentand what tbat has to do with my
alcohol abuse. Like the judge mentioned in the order,
that's what your question should be tailored to, and
you're asking about what's at my resideoce.
Q. I'm asking whether or not you keep alcohol at
yuar residence, Mr. Coughlin.
alcohol abuse.
Q. What was your last residence?
A. Prior to 945 West 12th?
,
t
2 sure wby you're going ioto tbat when the judge's order
3 calls (or you to taiJor your questions to my curtent
A.
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A. No.
Q. SO it is your testimony that A. I don't keep really specific recollections of
who drank what.
Q. Do your mends drink alcohol?
A. I have friends wbo drink alcohol, yes.
Q. Okay. Have they ever been to your apartment?
A. Probahly.
Q. Okay. Which apartment --lct's talk about
Page 46
12 (Pages 451048)
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8
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1J1hola_.-"l
12
A. ...... A:.B... - , ....'t . . . . 'U.
13 ........ 1 _ -.......... ...... 14 ftIJ .................... peopkareVf#1rtPL
11 member of Alcoholics
te5uknce. That
15 . . . . . . . . . . - . - - . . . eateF'ba.... ..
.. ..,..... -
18
19
20 aoyooIf.
21
Q. Have )'Ou ever bad a date of sobriety?
22
23
24 of sobriety'?
25
A. I object to beiag reduced to a alUDbeI'
\\ c've llready
Page 51
'.st,,9
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4
Q. Oh,okay.
A. y . . 1 reallY do, because yOU tbiDk you can
qullfy IO~ by hoW long they've beeD sober.
Q _
WU iI'I
yes.
2
3
f_
4
5
6
8
9
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lSI of
0_. W?y did you have Wine in January 2oo3?
A. I In nOl Sure.
3
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25
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grapes :lnd-
9
o
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is
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'"'5
O. When you say "alcoholic beverages," you're-A.. - after tbat, because it's all just alcohol.
O. When you say "alcoholic beverages," are you
discussing hard Ijquor?
A.. Anything witb alcobol in it J don't know
what you mean by "hard liquor."
Q. You don't understand what "hard liquor" means?
A.. I don't know wbat you mean by "bard liquor."
Q. I see.
When you would drink red wine, how much red
wine would you drink?
A. J'm not sure.
0_ "-'hat about beer? When you would drink beer,
drinking.
A- le wasn't really impressive. I think well
8 over balf of my peers in law school drank more than I
9 dKl.
10
Q. SO we are discussing law school?
11
A- I drank less tbaD most people.
12
Q. In law school?
13
A. Throughout my life. Whenever I dnnk, I drank
I' less thaD your average drinker, in my opinion.
15
Q. Why would you drink?
A. I'm not sure.
I'
17
Q. Did you ever drink by yourself?
18
A. Maybe.
19
Q. What bappens to you when you drink?
20
A. I dido't keep a drinking log, you know.
21
Q. I'm asking for an estimate of drinks. I'm
S3
6
7
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Pag<: 55
A. Yo<
2
3
\4 (pages 531056)
2
1
,
4
.!feels.
Q. Such as?
A. A lowered sensitivity to pain. J think
ioitiaUy, it bas an energizing effect followed by
~
somewhat of a somnambulary effect. It <:an be lessening
,~
DOC'S inhibitions. It c.ao be good for your
1 cardiovascular system in amounts dose to a glass a day.
.2 It can have an impairiog effect on oDe's motor
; coordiDatioo.
14
Q. And all of these things you described happened
0
15
0
toyou'.
A. I'm oot sure.
"
Q That was the question.
8
A. Oh, I thought you said wbat do you tbink the
19 effects are on somebody.
Q. ~o. On you, Mr Coughlin.
A. 00 IDe?
~. Yes.
A. I don't know.
C' You don't know - out of any of those things
25 .:hat you just said. the myriad of consequences, you
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2
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II
15 it is DOt.
16
Q. /wd all of that that you just described, why
17 \....ould you describe that you've Wldergone all of that?
18
A- WeD, some of it has been because State Bar
19 bas direded me to do so.
:0
Q. Are we talking about LAP?
,.
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62
16 (Pages oIlu64)
A.l'.~
. ., . . . - " '
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2
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3
Q. You'R DOt sun:: wbetbcr or DOt)'OU brave a
4 spoooor'I
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Q. WboI is _ _ ",,7
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9.......
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...... . , . _ . , .
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14
A. 1_ldo.
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16 _ i s ?
17
.. It'a . . . .' I .. A.A. ............., .... ,..
II ..,..
'c............... AAoIp ....d . .- ..
19 ..,..,.. . . . _ . ." . l ..tpa ... p"sFna20*,_
21
Q AIId do yau .... _,..juoIdOlIae4'I Do yau
22 _ . _ ..... dIIIId....._ '
23
A.
24 _062S
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._.s?
1"-"..., ....
.....
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13
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12 ..pt _ _ _ _ no,_1DIII _ _
13 10 _ _ _
or
14 J-_or..
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15 1IalL
16
Q. So lI!ira)'OUr)llllicipolkJol in LAP, )'0\1
20
A.
.,kQ*_
23
A. s.._ .
24
Q. 0IraJ _,... .... lon01_ ..." '
25 1IpOCi8ca1\y-
,
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7
8
A.
Q.
A.
Q.
9
10
Probably.
In relation to alcohol?
I'm DOt sure about thal
Have you eVer had 10-
A. Probably. I
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Page 73
Page 75
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,apy?
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12 delivery, so -
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17
I further certify that I am not of counsel for
18 either or any of the parties to the said deposition, nor
19
In
21
22
23
24
STATE OF CALIFORNIA )
COUNTY OF ALAMEDA )
f, Shelli G. Eng, Certified Shorthand Reporter,
No. 11397, State of California, do hereby certifY;
ThaI prior to being examined, the witness named
in the foregoing deposition, to wit, ZACHARY B. COUGHLIN,
was by me duly affinned to testify the truth, the whole
truth and nothing but the truth; that said deposition was
taken down by me in shorthand at the time and place
therein named and thereafter reduced to typewriting under
my direction and supervision; that the witness was given
an opportunity to read and correct said deposition and to
subscribe the same. Should the signarure of the \vimess
not be affixed to the deposition, the witness did nOI
avail himself of the OPPOrtunity to sign or the signature
has been waived.
25
..--
Page 74
Page 76
19 (Page, 73 10 76)
1
Deponent's Correction Sheet
2 To add testll'llOOy, indLl;:lIe 'Add" and print me exact
words you wish to add_ To delete tesumony indicate
J.b) 1. 2001
ZACHARY B COUGHlIN
'US West 121h Scrft1
RID>, Nr..a 19503
6 proceedings tmnscnpt:
7 PAGE LINE CHANGE (AddiDelcte)
8
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ZACHARY B. COUGHLiN
Page 77
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-------_.
ZACHARY B. COUGIil.IN
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t have no corrections.
DATE
23
24
Page 78
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Page I
A
AA 9:25 13:24
19,1326,1031021
34:13,1837:5
39,5,8 68,17
AA-reJated 68: 18
7:248:4,16,17
44:947:24,25
apply 19:13 29:19
aware 51:6
10:7,21 11:1,4,6
49:1450:351;7
appointment
28: 18 a.m 77:16
11;2512:10,21,22
52,10,256625
77,15
12,23 13,10,13,18
67,7,9,10
appreciated
67: 18
8
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ASSOCIATES 1,1
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APPEARANCES
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DEPARTMENT
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Deposition/Sworn
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DISPOSITION
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HP LASERJET 3330
p.2
DOUGLAS E. TUCKER, M D
DIPLOMATE, AMERICAN BOARD OF PSYCHlA
AND NEUROLOGY
2887 COLLEGE AVENUE 11108, BERKELEY, CA 94705
TEL (510) 4966077
FAX (510) 848.8699
TItY
I
I
I
I
Re:
Zachary B. Coughlin
Case No. 06-M13iS5
DOB 9-27-76
D., Mujahid Rasul M. D., Ouver Ocskay Ph.D., and Robert Hunter Ph.D.;
5) transcript from the informal conference on 7-8-04 between Mr. Coughlin and
tbe California Committee of Bar Examiners;
.-
HP LASERJET 3330
p.3
FranCISCO, 4.17.07.
Conclusions
1. Violations
which will be
li~e y sllDUnanzed. In May 2900 Mr. Coughlin took SID from the cban~edrawer at a
rary where he worked, leaVing an IOU and reponedly returning the money the next
d~y. On 71501 he w~s Supposed to twn in hard and digital copies of a [mal paper for
his cy~er law c!ass, which the professor was unable 10 locate, and Mr. Coughlin later sent
offensIve e-matls to the professor related to this issue, and eventually submitted an
unprofesslon.al "rougb draft." On 10-21--01 he was arrested after sneaking into a movie
theater, runnmg from theater personnel after he was caught, and resisting arrest by police.
On 1-2303 he was arrested for nUl (marijuana), pled gUilty to a misdemeanor "dry
reckl~ss" driving charge, and was coUrt-ordered to attend Alcoholics Anonymous
meetings. In September 2005 he entered the California Lawyer Assistance Program
(LAP) after more than a year of delay caused by .his resistance to subrrutting his medical
records, and was eventually terminated by the program in April 2006 for noncompliance
with conditions.
2. Substance Abuse
Based on the information cWl'ently available to me, it appears that Mr. Coughlin meets
diagnostic criteria for Alcohol and Marijuana Abuse, as defined in the DSMIV- TR
(Diagnostic and Statistical Manual, 4th edition, oftbe American Psychiatric Association,
2000). By self-report, be has not had any alcohol or marijuana since March 2003. He
reported first drinking alcohol in his early 20s in college, rarely more than 3 days per
week, any day of the week, mainJy at bars or parties, and this eventually became
"excessive" ("more than r wanted',). His drinking continued to escalate in law school.
especially during his second year, as he attempted to quell his chronic and progressive
back and neck pain. He eventuaUy joined Alcoholics Anonymous on 1-1-02 and
reportedly remained sober for a year. (However, he told me that alcohol played a role in
his arrest on 10-2101 after sneaJOng into the movie tbeater). He returned to drinlcing in
January 2003 after moving to Sacramento "because I was ambivalent about whether I was
an alcoholic." He noted that attorneys in this firm drank na lot, n and that as an Associate
one ofms roles was to serve drinks at their Friday afternoon meetings. He was
eventually Jet go from this finn io February 2003 after his DUr arrest, and he stated. that
be has not had any alcohol since that time.
HP lASERJET 3330
p.4
3
alcoho I dependence in his father atcm
as alcohol-related DUI aTtests' ' :
,al grandmother, and maternal grandfather as well
demonstrated that al11iver fun ~ o~ S,lsters, Laboratory evaluation on 4-27-07 '
evidence of current a]cohol-re~:~~~ ]li~~C~ were curre~tly wi,thin normal limits (i.e., no
date was likewise negative Ii aU b r amage). UnDe tOXIcology screening on that
of alcoholism. urinary eth 1o~
su .stan~es tested. An additional lest for the presence
y g uCUToDlde, IS pending at the time of this report.
Other than a1cohol, there is no evidence th Mr
.
other substances of abuse other
.. at
. Co~~n has had problems with any
marijuana durin
11
. . than manJuana. He mdlcated that he first smoked
parties. This es;a~~te:.ge~n hiS early 20s, smoking ap~roximately once per month at
once or twice w
a er be ~ov~d to Sacramento m early 2003, when he smoked
was arrested 00 ~~~J..~~ :~e WIth hi.S chronic pain condition. ~s. described above, he
of m .j'
pled guilty to charges related to drivmg under the influence
well :Jjuana, f~adl.n~ to .court-ordered atteodance at Alcoholics Anonymous meetings as
.. ass.o
S)O WJth a law firm. During our interview he denied smoking
manJuana smce March 2003 because of the risk to his legal career.
3. Ps~c~atric Disorders Cont~buting to Substance Abuse Vulnerability
In additlon to alcoh.ol ~d ~anluana abuse, Mr. Coughlin meets diagnostic criteria for
several. other psychiatnc dls~rders which contribute to rus liability to abuse substances.
These. mclude ADHD Co~blDed Type (Attention Deficit-Hyperactivity Disorder),
chroruc back and neck pam, chronic depression, and passive-aggressive and
oppositional-defiant personality traits.
Mr. Coughlin reported that he has had ADIID since childhood, though it was never
treated at that time. Symptoms ofh.yperactivity, impulsivity and attention-deficit have
persisted into adulthood, and have affected him personally, professionally and
academicaUy. These have included difficulty sitting through classes and meetings,
difficulty starting and finishing homework assignments, seeking out high-stimulation
activities, frequent restlessness and boredom, avoidance of detailed and meticulous
activities which feel mundane and boring, "workaholism," "byperfocus on some azeas
and inadequate focus on others," impaired social functioning with frequent missing of
social cues, lack of patience or attention required to maintain social relationships,
disorganization, and feeling "spaced-out" or "in a fog." His family history is significant
for identical ADHD symptoms and impainnent in his father and a maternal uncle. He
was officially diagnosed with ADHD by Dr. Rasul in 2003 and prescribod Adderall
(prescription amphetamine) with good result, but this was tapered and discontinued in
September 2006 because of concerns about substance abuse voiced by his father and the
California LAP. Since stopping Adderall he has felt more restless, less focused, and
more fatigued and depressed. Other medications he has taken for ADHD include
clonidine for two years, and WeIJbutrin XL 300 mg daily which he continues to take.
Mr. Coughlin reported chronic progressive neck ~~ b~ck pain s~ce age 19 c~use~ by a
vanety of spbrts and automobile accident-related mJunes. There IS also a fanuly history
of back pain on both sides of his family. Tbis pain has fluctuated over the years, but has
Ma~
06 2002 9:26AM
HP LASERJET 3330
p.5
generally. been significant enough to affect his mood and functioning. He was first
tre~ted wlIh narcotics for this condition after law school in 2002, and has received a
vanety of agenls ~clud.ing hydrocodone (Lortab) and OxyConlin (long-acting
oxy~done). He IS currently on no pain medications other than as-needed ibuprofen and
expenen
. rno d erate pam
. as a result. He has used both alcohol and marijuana
.
ces ongomg
m the past to cope with this pain, and denied ever abusing his prescription narcotics.
Mr. Coughlin iD:dicated that he has had problems with chronic. low-grade depression for
many years, WhICh causes general malaise and decreased interest in activities He noted
that this often worsens in coI\iunction with bis pain. He has had about 5-10 ~isOdes of
more severe depression in his life, but was never hospitalized for these. He is currently
receiving the antidepressant Wellbutrin XL as described above, which is effective both
for depression and ADHD.
Finally, it is apparent that:Mr. Coughlin bas clinically significant pathological personality
trahs which have led to distress as well as psychosocial and professional impairment. He
has demonstrated a variety of passive-aggressive and oppositional-defiant behaviors
throughout his academic and early professional careers, which were evident as well at
clinical interview. These have led to a self-defeating pattern of interactions with others,
including authority figures in particular, contributing in part to the need for the current
evalu.at\on. It is Likely that these maladaptive !rallS are related to the conflicted and
emotionally intense relatiocship he has had with his father throughout his life, as well as
other conditions including chronic pain, chronic depression, ADHD, and possibly
ongoing substance abuse.
4. Treatment Recommendations
Mr. Coughlin indicated that he currently attends AA meetings an average of 3-4 times
per week, but does not have an AA sp.onsor. He experiences "rare" cravjng~ fo~ al,~ohol,
especially when his back and neck pam worsen. He r~ported to ~~ that he 1S Sh.ll o.ot
sure" ifhe has any problems w1th substance abuse, or ifvulnerabllity to alcohohsm IS a
lifelong condition. "I'm not sure if I'm not sure if J have a problem with alcohol, it's a
very subjective thing. I don't know if anyone call be sure that they're an alcoholic." His
only current medications include the antidepressant WeUbutrin XL (also moderately
effective for ADHD) and as-needed ibuprofen for pain.
It seems clear that Mr. Coughlin suffers from a variety of interrelated psychiatric
conditions each ofwbich may serve to exacerbate the others. For example, cruonic pain,
ADHD, d:pressioo, and maladaptive personality tra;.ts are all well-reco~zed as factors
whicb may precipitate and maintain subst~ce abuse. Substance ~buse, In~, often
exacerbates these other conditions. Effective treatment generally mvolves Simultaneous
attention to aU of these problems. In Mr. Coughlin's case, assuming that he is not
currently abusing substances,l would recommend that he receive outpB.?ent colla~r.ative
care from an established pain management program as well as an expenenced add1ctlOn
program. ([[he were currently abusing substances, be. would li~ely require a. residential
rehabilitation program.) A high-quality pain center Wlll be eqUIpped. to prOVIde a range
OF CALIFORNIA
Dale
May 4, 2007
To:
From: Pam
POley~
ConlacllnformaHon
Evaluation Plans/Participation Plan
Correspondence between the lAP and Mr. Coughlin and with his attorney of record, Mr. Jerome
Fishkin
;opoet 0/ !his
message
t~
"Nii I'!IImage
mayIfcotHam
and/orrecl~nl
pnvrleged
, nl) please contact
.lleIly
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you ereconfJdoolial
nollhe m!ended
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American Board of Psychiatry lind Neurology
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American Society of Addiction Medicine
1993- Added Qualifications in Addiction Psychiatry
American Board of Psychiatry and Neurology
1994- Added Qualifications in Forensic PsychiUlry
American Board of Psychiatry and Neum!u!-\y
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Schizophrenia Bulletin
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.i.uhcr:' I I , "lh~:" A, f:.ebnan TA, 'J.:lClcer DE, Vaccaro JV, "Effectively Treating
! 1IjI,'ur.:AbuJ)ng ~chl/,l/phrerucs: Mission Impossible?" in Liberman, R. (00.). New
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.,
LI
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haria A. r c.Junan TA H,obcrts IJ, Wilkins J1'\, Tucker DE. Tsuang JW, Mintz J,
ilililhillty Incorne, Coca inC {jsc and Repeated Hospitalization Among Schizophrenic
( '(jC.:ilnC Abuser::: A (iovcmmcnt Sponsored Revolving Door?" New England Journal of
M(,t!/cll/C (JfJ?~J. \-'01 333. "lo. 12,777-783.
Wllkm, J, ( iorclick I), J..c\-'IOC D. Gold J, von Raffay V, Tucker D, Roberts L, Eckman T,
J{.u;cnstclII J, Shaner A. Ahhofteh A, Jerger D, Li S, "Double-Blind Trial of Desipramine
fur I rCdlmcllt of ('{Jcall1c Abusing Schizophrenics." NlDA Research Monograph Series
o f~' II"Iihltwrr of IJrug [)('pendence /995, 6/95.
~h.ancr A. klJhcrf~ I., Eckman T, Tucker 0, Tsuang J, Wilkins J, Mintz J, Monetary
RCln(orccrncnt of Abstinence from Cocaine Among Mentally III Patients with Cocaine
Shan... A, Roberti U, Eckman TA, Racenstein JM, Tucker DE, Tsuang 1, and Mintz 1,
Soun:et of Oia8J1oItic Uncertainty for Chronically Psychotic Cocaine Abusers, Psychiatric
....rvtea (1998), vol. 49, No. S,684-690.
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IntcKnllill,K Mt:d'fUI l{cvlCw ()Iliter (MH( J) fJulle. inlQ ()C(;tJpational MedICine Practice.
ill J. Zwehcn (cd.). Addlt't/Illn ,,, 11/1' W,,,k,,IIIf'f' (2(]l12). volume 17. no. 1
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Pcnpcclivetl 'hun lin Expert U,c:viewer, The flllr Rxamurer(2(tJ2,. Vol. 71. No.4, 14-19.
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,!c.".,
I hllY\'1 ~It \' of Will h'llgnlltol (iwdllatc Schuol of Ilcallh :lIId Medical SClCIH.:C'i with
IIw N~'\\ S{'lIth \V,dl'S hhl~illlull atld I rilll1ing FOllncilllil)l1, N.S.W., AUhlrahn
J.lt}
"nOll
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\ttl\ llall~' N~'''s
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i\tnli:\ Inter\,ic\\' "M~giln's tuw lind C lergy Sexual Orrender Issues," San
H~'l1lardill\)/ I~ht:rsld c ('ounty Press Enterprise, California
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Po ley. Pam
Full Name:
~Name:
I~Name:
RhJ Title:
Home Address:
Home:
Mabile:
916-486--0773
702-525-7532
Categories :
LAP - Former
F ....
~onsultant:
........... # 177
D~k .... 9/27176
Bar'# hasn't been issued a number yet
3113/03 - NS at grp, he's moved back to NV Wilhdrawn from the LAP
3/6/03 - TC wI Zach. Has passed the Nevada and CA Bar Says he has been to all kinds of specialists to fin d the source
of his back pain (C-5/6). Used Loratab and Marijuana to manage his pain. He hasn't had a drink in a couple to weeks,
IJsed pot until he was able to get heaJlh care and then started on Loratab. Was pulled over for not wearing his seatbel!
and blew a 0.0 but he had smoked po! 6 hrs before, received a OUI He's In pain when he sits. He might move back to
Reno where his mo lives. HIs fa IS involved in some type of impaired phy program In NV (fa IS In AA). Zach was living in
Las Vegas for past 4 yrs Seeing Randall Perry, chiropractor, wanls to see a chronic pain guy. Was workmg for a firm,
~hey let him go after our, now unemployed Wants to stay in CA but Isn't sure if he'll be able to financially. Set appl for
I'";take on 3/10 He had lots of questions about what Will happen 10 him, referred him to call Cydney, anonymously.
Poley. Pam
Full Name:
Ir~Name:
(- Name:
Jo ... fitle:
Home Address:
Mobile:
(775) 338-8118
E-mail:
E-mail Display As:
zachcoughJin@hotmail,com
zachcoughlin@holmail,com
Categories:
LAP - Former
Drug of Choice:
$obnety Date: Jan '03
Sponsor
Meetmgs:
Groups: Out of state - Reno
Mental Illness.
Type of Law: Not licensed
Employment self-employed
Monitor
Therapist:
Psychiatrist
Meds.
Tr... .,tment: None
tj "'-.: Action,
EL ,,;msultant
Case # 000-04-0456
DOB 9(27176
Bar # N/A
10!4/~ _ TC from Zach. he thinks he may need to be here but isn't sure about needing to be here for 5 yrs. He thought he
sh,:,uld check in wi his atty, Jerry Fishkin first Asked him some questions about his use of Loratab and pot but he said he
c:; .. jdn"l answer my questions w/out consulting wI Jerry. He has to have a final report in to CBX by Jan 2005, Told him that
would be rushmg things.
Telephone Intake
r",Date:
6/22/05
Case #
Participant Name: Zachary B
-=:-~~~.~C::OU:g~h~l~in~__________________________
Email: zachcoughlin@hotmaiJ.com
Home Phone: 7753482667
Home Address:
Pager:
City: Reno
-..:::.::.:~--- State: CA
----
Date ofBirth:9/27176
Zip:89503
~ame of Employer.:_:::U:::n:::e~m:!p~lo~y~e",dc...._______________________________________
Work Address:
City: _ _ _ _ _ _ _ _ _ State:. _ _ _~Zip'_:_ _ _ __
Phone: _ _ _ _ _ _ _ _ _ _ __
Type of Setting:
OSoio Practice
OGroup Practice
OOther
Area of Practice
Group Facilitator: __________________
Location: _______________________
Modality 110
Addressl City
OOCTC
SBC
Judge
Date
Employer
Office Staff
OCTC
0 sse 0
Attorney (name):
of Btlr ExI1""tlt!rs
9~10$-t619
(415) SJ8
JOHNL DODO
Clt~"
r...,,~
scon W
Jerome Fishkin
369 Pine St #627
San Francisco CA 94104
DAVENPO RT
DEAN E. DENNlS
1.4, A~8tIf!:1
RE:
KIMBERlY A. GAAB
JAMES B HUSSEY
JOHNW, KJM
Lor A"fd~
" AN MALKENHORST
r
.... k
HUM6'_ B."rlt
,'RliDEN.HAMtTER
This is in response to your letter dated March 9, 2005, and sent to Kathy
Crary,
regarding the abeyance of Zach Coughlin 's moral character
application.
Me Coughlin 's Abeyance Stipulation requires that his abeyance be
monitored by the Lawyers Assistance Program. This program has been
designed to handle, and routinely does monitor, persons who Jive oul-ofstate as well as California residents.
Un til Mr. Coughlin enrolls in the State Bar of California's Lawyers
Assistance Program, he is not fulfilling the terms of his Abeyance
Stipulation.
ANNE E SHEEHAN
LEE H WALLACH
MATTHEW B WEINBERG
Sa" Ft'GM'U(I
ALA...: S_ YOCHELSQN
u,.AIt:du
If he does not enroll in the Lawyers Assistance Program by April 15, 2005,
the Committee of Bar Examiners will be considering his application in light
of his failure to comply with the abeyance stipulation.
rely,
"-' dt
i /,
ebr~ ~~;PhY
JEROME BRAUN
.$0",.. u,~,_
.....u,_
GAYLE E MURPHY
0.,""",,,,_ Ad..m""""",
JOHN It RODRIGUEZ
'" ~".,,," U"""1l' '''UOI
.'
Lawson, Director
Mo ral Character Determinations
)0)
..... ,J
1M" .11 =
..!.___
Plan
..it-rN
......5'!dandw,e~
=---.::~
like
S~
thai you 'igned u that is r.omething that i!t 'igned upon intake. You haven't
to do thai. Anything that)'01.1 ma), have ~docloredM rOf eitherlhe EP Of a release
Atio. Id
yourcoofttnllo speak to Debra LawlOn 10 make sure this is not a waste or lime
.rs . . . . . . .
via. . .
hIII ........~ 1M MX111ep iD &be proteH of being evalUed by the LAP program. I will call you on
wlII be ob~ to ......"''' proems
of.m.n. "." ........ way to
...
_ _ I ........ Mr.Fbhklnmy.I..... LAPf...... (...Iucfin& ....._ ... ..................,. bow.... J ..vc another let of ori&inals IbaII can aead directly lOyou. if
ii~i~s~E~~=the;~-
......
_let
~un 10 05 03;SSp
14]57017290
p _l
Jerome Fishkin
ArrORNEYATLAw
PHONE; 415.43.1300
WWW.Fishki.n.l..aw.com.Jcromc@FishkinI..aw.oom
fAX: 415.78q290
UncU.y Kohut SImer
O{Counse]
FAX 213.765_1122
In fa ; loch Coughlin
Dear Ms. ThIbault:
lOCh Coughlin has Signed the contracts, as modified per ow correspondence. Copies
are enclosed. He wiU be COJling the LAP numbel. 213.765.1190 forthwith, to get thIngs
starfed.
'=
J un
10 OS
03:S9p
FiShkin-Slat.ter
14157817290
p.l
Jerome Fishkin
)69 PINE STREET SUITE 627
SAN FRANCISCO CA 94104
AlTORNEyAT L4w
WWW.Fishki.nJ...dw.comJerome@FishkinLaw.com
P!-10NE: 415.40).130
FAX: 415.781.7290
Ltndsiy Kohut S!~ttet
OfCoWl5t'I
FAX 213.765.1122
lach COUghlin has signed the contracts, as mOdified per our correspondence. Copies
are enclosed. He will be Calling the LAP number, 213.765.1190 forthwith, to get things
started.
"
....
Apr
13 O::i 03:00p
("f15J?Ol-?0!90
J'he patpo5e of this doc\llmelrt ts to set bib the i&:rmi- aod coaditioas of my
patioiplaaa. In Ibo Propa!a durio.s the evalnatioo. JIrOC'l!'lL'.
..,-10< ~";';l"'~
1. J wiH IIItmd
_ _ .r"lOopeoiIiod
). - ode AI.:.\..I"1:
fll\u1<jl"""'l
!(art"\
4.
(LC(.....)
/1101.'4
1~
5. I will obotaln Ii<Im 1bc "., of alcohol "'" all P")'tlIotropic drug< I!Xctp, th...
prescribed fur fIJCi by a IilYsiclan uwkr ~.....aultat:ion 'l'r"ilh the ~gmn.
6. [wUf rcpmt totllY case Manager ,II ~l WIC "f~tiOQ ~iutiDcr:s.
_rim!
I,.. C-L
0(1
'8
~ ~lat.cd
11.1 undentmd and agree that my participation in the Prognun does not affect,
alter or curtail in any manoer, the StBtJ: Bar of Calitomi.'s authority to
investigll.te aAd take discip~ actica for any CODduct comm.ittcd by me
Whether before. duriog or after my participatioa in the Program.
agree 10 obey all ieder'al, nate and local laws. as wellll$ all rulea govemiqg
the Pl'I!Ictice orla....., ill the State ofCalifolllia, and r will immediately report any
anest or conviction of ally oft'ense to my Case Maoager.
12. I
13. Other
I tllrdler
I.avc rtad _lid dilcuued tfab docame.o.t -.ria- the ProVUO Caae MIlaca- uIII
lUIdRltu.d atld agn:e to.U ot tb~ &enu. nd coadUiobl OlittiDed abon_ IlRrtJter
acbcnrWCc that 1 hue nreived copy of tIlU .EuIQ.lio.D Plu do~taL
D"" ________________
Case ~tne.u (Print)
Signature
00'9
1.d1S?81729~
..,
I,
.?AfIlthef:oUG-{+f.../~f
, am an applicant seeking evaluation for
LA WYER ASSISTANCE PROGRAM (hereinafter "Program"
partIcIpatIOn
In
'
In meet the criteria for acceptance into the Program, the Evaluation Committee
will also determine the terms afmy Participation Agreement.
The purpose of this document is to set forth the terms and conditions afmy
I A'~ ,,,.i~~
p-er ~""'
I will provide consent for the Program to obtain all pertinem medical, legal
and treatment records as requested.
5_ 1 will abstain from the use of alcohol and all psychotropic drugs except those
prescribed for me by a physician under consu ltation with the Program.
6. I will report to my Case Manager all personal use of prescription medications.
r will provide copies of all corresponding prescriptions.
7. I will immediately report to my Case Manager or Group Facilitator any
relapse or use of any unauthorized drug Of alcohol.
8
0010
9. I understand and agree that any expenses related to the requirements of the
Program are my responsibility. 1 further understand and acknowledge that
any and all expenses incurred during or as a result of my participation in the
Program are my responsibility_
10. I understand and agree that payment of Program fees are to be kept current
according to the payment arrangements that have been made.
II I understand and agree that my participation in the Program does not affect,
alter or curtail in any manner, the State Bar of California's authority to
investigate and take disciplinary action for any conduct committed by me
whether before, during or after my participation in the Program
\2 1 agree to obey all federal, state and local laws, as well as all rules governing
the practice of Jaw in the State ofCaJifornia, and I will immediately report any
arrest or conviction of any offense to my Case Manager
---------------------------------
13 Other
I further agree that I will maintain the anonymity and confidences of the
other L..\.P Group participants.
I have read and discussed this document with the Program Case Manager and
understand and agree to all of the terms and conditions outlined above. I further
acknowledge that I have received a copy of this Evaluation Plan document.
Date
Applicant's Name
M([KId?
I (?;1n
( r:tM
Case Mana
Signature
0011
\<.6 TV"'--N
\~-!P 7
LA wYER ASSISTA'-:CE PROGRA,"
\:'0:::'"''
i'<.s. TEl)
PARTICIPATION P L A N )
,I
(::'"'<t
"LAP" Or
"PrO,gram").
T, Zachary
B. COUghlin, am participaling in Ihe Lawye; ASSistance Program (hercina/l"
In "
a6~ee
10
lite
liJllo'~ing condillOns,
I wil!:
PART A
4.
5, Obtain a well-being monilor to obse",e my condition in and aboul my law praclice and
submitlhc name of my monilor to Ihe Progoam. I will arrange 10 have Ihe monilor submil
quarterly
and Junc. reports 10 Ihe Progoam. These reports are due in Seplember, Decembce, MarCh,
~.
'7
Abstain from Ihe u" of alcohol and all psycholropic drugs excepllhose prescribed for me
by an approved phYSician in consultation with the Program. I will provide Copies ofalJ
prescriptions wriuen for me.
Provide biological t1uid samples as directed. Collections wiJ/ be random and mny be
observed. The laboratory analysis of these samples will be submi!:ed to th!' rrnt?~.1In
Testing frequency will be 12 to 24 limes per year.
9, 1PrOvide
quarterly reports ii'om my primary care phYSician regarding the medicllIipns Ihat
am using.
PARTS
I.
I wiH majntain the 3no.rymity nnd con1idenccs of the othel' LAP Croup
parlicipants.
0012
OF CALIFORNIA
April 7,2006
Zachary B. Coughlin
1255 Jones, Apt. 132
Reno, NY 8950)
Dear Mr. Coughlin:
In anticipation of the report to the Conunittee of Bar Examiners (CBX), on February 16,
2006, the LAP Evaluation Corrun ittee met 10 review your participation. At that time,
your participation did not warrant a favorable report to Cax. You were given a period of
time to explore arrangements that might allow you a more favorable outcome. To date,
we have not received any infonnation from you, but must report to CBX.
The LAP Evaluation Committee has detennined that you have not successfully complied
with their reconunendations and appear not to have gained insight regarding your alcohol
abuse. In addition, your participation in the LAP has been terminated.
We hope that you will choose to pursue recovery and we extend the invitation to Contact
the LAP for assistance in the future if you choose.
.
Sincerely,
~au~t
Director
0014
March 8, 2006
Zachary B. Coughlin
1255 Jones, Apt. 132
Reno, NV 89503
Dear Mr. Coughlin:
You were scheduled to meet with the LAP Evaluation Committee on February 16, 2006
because you were nearing the end of the abeyance period and a report from the LAP to
the Committee of Bar Examiners (CBX) wou ld be necessary. Although last-minute car
trouble prevented you from attending the meeting, Ihe Committee discussed the
circumstances of your participation and the report to CBX.
Your LAP participation thus far does not warrant a favorable report to the CBX,
therefore, two 0Plions exist.
The LAP can send the report to the CBX advising that you have not fully
compJied and do not appear to have gained insight; or
You can submit a request [or CBX to extend your abeyance period thereby
extending an opportunity for you to fully participate in the LAP. (Note: I am not
making any stalemel}' in behalfof the CBX. I do not know that such a request
would be considered by [hem or could be accommodated}.
Please advise the LAP of your choice between these options. Ifwe do not hear from you
on or before March 23, 2006, the LAP letter wi ll be sen! to the CBX.
Sincerely,
'\.
J::R~:~a:=f
Director
---------
----
February 6, 2006
I have been sWapPing Phone messages with you and my Client for qUite a While. I will
be out of town this Thursday and Friday. so this COuld toke a While. Thus I write.
It is my understanding that you Want loch Coughlin to take some SOrt of test. I am not
Sure if he knows What that test is. Please send him a Short letter and let him know What
test you Want him to toke. so we can get the report to CBX underway.
I will be on the road Thursday and Friday and bOCk in my Office Monday. If you Want to
reach me after Wednesday. please call me on my cell Phone: 415-505-4300.
0(116
*******************************************************
Dale ofInitia! Contact: June 22, 2005
Reason for Request: Zach is meeting with the Evaluation Committee (EC) because his
abeyance period is complete. At this time, the LAP owes the Committee of Bar
Examainers (CBX) a letter about the level of insight Zach has gained while in the LAP.
According to 2ach's letter dated December 20, 2005, he believes he bas been compliant
with all tenns of his Participation Plan (PP). Instead, J believe Zach has been out of
compliance with all tenns of his PP except for his weekly visits to the Lawyers
Concerned for Lawyers Group and his weekly therapy appointments.
Recommendations: Encourage 2ach to extend his abeyance period with the CBX so
that he may make another attempt to become compliant and perhaps face his disease and
begin his recovery.
Submitted By:
Dale Submitted:
January 9, 2006
0711nlO3
O(l17
February 1,2006
Zachary B. Coughlin
1255 Jones, Apt. 132
Reno, NY 89503
Dear Mr. Coughlin
This is confinnation that you are scheduled to meet with the Lawyer Assistance Program (LAP)
Evaluation COmmittee at 10:45 AM on Thursday, February 16,2006.
The LAP Sacramento office has moved to a new location and the meeting will take place at
J01 0 Hurley Way. in Sacramento. There is parking available in the parking lot directly behind
the building.
Please take a seat inside of the LAP office, Suite 110; someone will come get you when the
Evaluation Commiuee is ready to meet with yOll. For last minute emergencies please call Pam
Poley's mobile number at 916-837-4174 instead of the main LAP line.
Best Regards,
~~
Justin Ewert
Program Coordinator
Lawyer Assistance Program
0('18
---
Fax 213.765.1122
'I", .
Mr. Coughlin has been enrolled in LAP in aCCord with an abeyance agreement with the
Committee of Bar Examiners, Under thot Agreement, LAP was requested to submit a
report on him ofter six months. The six months has passed by. Please submit the report
to CBX at your earliest convenience,
...
0019
,~
OF CALIFORNIA
Zachary Coughlin
1255 Jones, #132
Reno, NV 89503
Dear Zach,
Enclosed you wilJ find a copy of your Participation Plan for yOur records. Please
remember to send in any completed signature cards.
Sincerely,
.~
I~r-
Enclosure
Ol)20
OF CALIFORNIA
(916) 564.5183
Dear Zach,
Enclosed you will find your Participation Plan as discussed with you at the Evaluation
Committee. None of the tenms may be modified or changed. Return the signed
document in the selfaddressed stamped envelope within five days of receipt. If we do
not receive this document within five business days, we will assume you are no!
interested in the LAP and YOUr file will be closed.
Sincerely.
Enclosures
0021
lvfanager.
can modiry the Agreement either at your request or at the request of LAP staff.
Amendments will then be provided for your signature.
The Evaluation Committee determines completion of the program. The LAP will
acknowledge and velify both Successful Participation in the Program and Successful
Completion of the Program.
Successful Participation is defined as achieving and maintaining sobriety/stability and
full compliance with the tenns of the Participation Agreement.
Successful Completion is defined as follows. These criteria must be met in order to
receive certification of completion of the Program.
I The participant has maintained three years of continuous sobriety or, in cases of
mental health, stability;
2. The participant has made lifestyle changes sufficient to maintain ongoing recovery or
stability;
3. The participant has satisfied the tenns of the participatio.n agreement; and,
4. The pal1ieipant has participated in the Program for a penod of five years, or as
otherwise deemed appropriate by the Evaluation Committee.
0022
of your well-being.
Sincerely,
__
~z~cWLt
Janis R. Thibault, MFT, CADC
Director
0023
Zachary B. Coughlin
1255 Jones, Apt. 132
Reno, NV 89503
Dear Mr. Coughlin:
This is cOllfinnation that you are scheduled to meet with the Lawyer Assistance Program (LAP)
Evaluation Committee at 9:00AM on Thursday, August \8,2005.
The LAP Sacramento office has moved to a new location and the meeting will take place at
1010 Hurley Way, in Sacramento. There is parking available in the parking lot directly behind
the building.
Please take a seat inside of the LAP office, Suite 110; someone will come get you when the
Evaluation Committee is ready to meet with you. For last minute emergencies please call Pam
Poley's mobile number at 9168374174 instead of the main LAP line.
Best Regards,
~c.srJustin Ewert
Program Coordinator
Lawyer Assistance Program
Bar # NJA
This is to serve as notification that Zachary B. Coughlin contacted the Lawyer Assistance
Program on June 22, 2005 and has completed the telephone intake process.
Date
Case Manager
(213) 165-1190
(866) 436_6644linside Calif.)
OF CALIFORNIA
(date)
eo,~~~----==
~p~mber
Bar#: NIA
-=
2 \, 200'
(date)
(date)
:t:UlJA~---------------------
yes
(date)
No
Yes
No
---------------~-------------------------
(date)
January 12,2005
c
z
:".--." c:
!:~
ar
~Jl:lBJ.!D'--~----------------
(dale)
~.
Case Manager
1\/22/2002
- --
"'"'-
:'('!.
~,
1<,
'\TE
"CWO
PH
0",
NV
~ATIE:NT.
99503
ZACHARy
I)
"ATlgUT
:NSUHANC'!1; /
TAX
!.'OR THE DATES 06/01/2005 THRtJ 0:2/05/2006
(175) J29-29111
eA4911473
PAGE
REPORT RXR00910Rl
COUGHLIN
-------
TYPE, B
SEX , M
-----
RX.
REF
DISPENSED
/0
---------------------------------------------------------------------------PATIENT
INSURANCE
DOCTOR I SPEC
PAID
T_P. PLAN PAIOIsILLEO
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LANE
- - - - - A T T O I I H I [ Y S AT LAW' _ _ _ __
!
I
I
August 17,2005
ild.....,d
E~en"
H.l.
(l929-I99l)
S'C"" Lane
To:
1. Slcpbe~ Peek
Ka=! D. OcnruSOll
II CDI,HQv.W
<;tephcn V. ~"'I<
kidla,d L. Elmo'"
Re:
Ale>. J. FIanIoU
""SUI) B. )o,leMill;,,,
J.....,. L Ken)'
Dear Sirs:
KoUyT=olin
N. P~lnd FI""""",
Mll1iy,o,. E. l<loodhead
Micllc:lk D. Munm.
II"'.... W, Jeppson
Lance: C, Eo,1
J=yJ.Nork
Dlvid A. G=oa
Fml O. Cib$on. III
1-. F. Cadiih
T'mDl1'IyA.
t...b>
Fdc:ncll J. Sdln~dl
J.tn>es Nc'."".,
lony It. Somers
Pamc~ J R~~l!y
So:ool O. Fkl1lin;
Scon S~""""
Anlhoo)' '. II.U
Jr:rry "-I. Sn)'Ck<
!lIen! C. Edersley
frede,iet R Bon.he<
Zach and I now work at the same law firm. Prior to being hired, Zach and I discussed
his recovery with Olir firm, making the firm aware of the pertinent information in that
regard. Upon being hired, Zach promised to join me in attending the noon A.A.
meeting held near our Jaw finn, Monday through Friday. every week, indefinitely.
Since starting with our finn Zach has fulfilled that promise. Since July 15 11>, 2005
Zach has attended the noon A.A. meeting 19 times. Zach missed the noon meeting
tour times in that period due to firm obligations, such as an associate meeting and a
lunch for the newly hired attorneys.
Mallh.... I, Km,lIz",
8. 1{'l'Pkr
M,o,,_
8,ad M. JolltISfOIl
B.,u K. KUnllllOlO
::loufIu c. Flow.,.
;"","C.~
DIn Y.
Ojll,.nov~
1( Ue:
II.DIChy
~E,Lo..
Leip C. 0 .....
Thank you once again for the opportunity to recommend such a special and
impressive young man.
ZahIry 8. Coughlin
IA'~~~
R<>, f....,.,
P""IiI>o:N,uc
Andrl: .. ~I
!..AS VEGAS OfFICE: 2300 WC5l.sm",,,, Avenue I El,hlh FklDI" 180.. 81 Lu Ve'l$. N tdl891021 Phon. (702) 222.2SOO I F""imM (102) l6~.69010
CArlSON CITY OfFICE: 777 E,m WIlham 51,.." I SUlle 200 I Car~ Cily. N~.adI8970! I Phon. (77S) 68460001 Facsrmile (nS) 684-6001
OOM,,')'("DQCS\HLIINODQCS1.470617\1
0029
-,
'!'--u..v
S~~
P)'TltltlT
IN'n-JR1,ftCI t 1;AY.
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)"
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Please complete this questionnaire and bring it with you to your initial appointment.
A. Please tell us about yourself.
/ NLI
Ho~ Address:
Street
City
Check box if home is preferred mailing address.
(; N.!k
Oilier Address:
Street
City
State
Zip Code
State
Zip Code
State
Zip Code
"T; 3D ullJ<
Telephone
Age
<', c<
V"\"
Cell Phone
Gender
Marital Status
'
nJ cPt
Date Admitted
Bar #
Self referred
[J
Rn 5113103
ousehold)
......
......
I. Mental Health
" 40
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L-
Problem:iDiagnosis
Dates
Type'ofProgramlTreatment
Medication
'
~k
c-~s
Was it helpful?
Dales
ProblemIDiagnosis
Medication
Type of Prograrnffreatment
Was it helpful?
I.
Dates
Problem/Diagnosis
Medication
Type of Programffreatment
Was i. helpful?
B. Please tell us if you bave ever experienced any of the following and indicate dates and
IF' "Depression
1
ite "/1,10 I
,......
,.
,
I
1/.,.0
Difficulty concentrating
Fights
Compulsive behavior
(eating, sex, work, substances)
Shopping sprees
Phobia
Mania
Feelings of worthlessness
Hallucinations
f\a~
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C. Please tell us if you have experienced problems in any of the following areas, please note
tbe approximate date and give a brief description.
11'
Gambling
Eating Disorders
Relationships
Internet
Other'
nO
he
V)O
1'\(>
0(13~
D. Please describe any negative consequences you have experienced as a result of mental
bealth in the following areas:
Relationships
Career
Financial
Legal
Spiritual I Personal
Sexual
E. Please tell us if you would like a referral for mental health services.
JkW Sfl]ltll
0035
/1
I.
SUbstance Used
Method of
, Use (e.g. oral, inject, etc.)
'" -Zoo 3
, l \c
Last Use
t'GA-nvi'
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Method of Use (e.g. oral, inject. etc.)
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Substance Used
Last Use
Frequency
4.
Substance Used
Last Use
Frequency
5.
Substance Used
Last Use
o Overdose
(J
Shakes
)\.0
o Blackouts
o HallUCinations
(J
fo/.L-v
~fl.V03
Convulsions/Seizures
1/
-V\l,y
,..
r
I
C: In gener~1 terms, please describe the way(s) you used substances, i.e., alone, with
friends, settmgs.
I
I
I
Relationships
Career
Legal
Spiritual! Personal
Sexual
003'7
E. PI ease d escn'be any treatment you have undertaken for substance abuse.
I
f
f
f
I.
Problem/Diagnosis
I
I
Dates
Type ofProgramffreatment
Medications
Was it Helpful?
2.
ProblemIDiagnosis
Dates
Type ofProgramlTreatment
Medications
Was it Helpful?
3.
ProblemfDiagnosis
Dates
Type of ProgramfTreatment
Medications
Was it Helpful?
4.
Dates
Problem/Diagnosis
Medications
Type ofProgramffreatment
Was it Helpful?
F. Please describe any significant periods of sobriety/abstinence in the past 5 years and the
means you used to achieve it.
keY
~111/0]
VI'd
I
I
I
I
groups.
IOclude
dates.
H. Please
describe
YOUr involvement witb 12 Step or otber abstinence_based self-belp
I. Please tell us if you would like a referral for sUbstaDce abuse services.
~c" 511)103
"I.
I
I
I
I
Physical Health
,I
Please describe all serious illnesses, hospitalizations and surgeries. Include treatment and
response to treatment.
Please describe your eating habits, including frequency and type of food.
Please describe your past and ptcscm use of tobacco and caffeine.
Who is your primary care physician (PCP) and when was your last contact? Does PCP
know about Substance Abuse I Mental Health condition?
B. What medications are you taking currently? Include any OTe medications, herbal
remedies, health food preps, vitamins.
I.
'\...~(..\('t...
Medicati n
c: 1\,0 ";c
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2.
.k: va,
Side Effects
11 y!2-
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Source (e.g., Physiclan)
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Reason for taking it
Rev 51/3103
Side Effects
In
Is it
pful?
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Side Effects
Is it H
ful?
Rv SIt3IOJ
11
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D. Employment History:
I.
Duties
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Position Held
2,
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Duties
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4.
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Position Held
No
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How would you describe the quality of your current relationship? (i.e., good, troubled
distant, suoportive. violent, conflictual).
Please indicate the number of times you have been married, and if divorced, the length of
the marriage(s) and the reason for the marriage(s) ending.
If substance abuse was involved in a relationship (i.e., your partner used), please describe
the relationship and the effect of substance abuse on it.
Rev 51\3/0)
-(
A. Recreation
Please describe your recreational interests, including hobbies and favorite activities.
When was the last time you took a vacation? Place? Length?
Please describe your current level of financial stress, (i.e., concerns, challenges, crises).
How would you characterize your ability to meet your current expenses and lifestyle.
Do you pay alimony and/or child support, and if so, bow much?
Please describe any significant outstanding loans or debts, including unpaid taxes. Please
indicate the last year in which you filed a tax return.
Rev SfIJ103
Miscellaneoua (conL)
('Y't0 - ttrl
Dates
College/University Attended
() AIII
EP >'\0
J'"
4v I r~ r -
t-ec.:Z oo \
DatdJ
I~ r 6-'-/ SdI,.<,)
Other
Please describe any arrests as ajuvenile or adult, including charges, dates and disposition.
Please describe any impending legal concerns, including present status on probation, if
applicable.
VI.
Rev S/Im3
17
0\)47
r hope you do nol mind my typing my answers to some of the questions for which J had
longer answers. There simply did not appear to be enough room on the page to write as
much as 1 wished to. Further, my handwriting has never been aU that legible to others
and 1 thought this might help in gelling around that. Lastly. I think my answers are more
complete because I typed, as 1 can write more quickly when typing and am liable to write
more by avoiding the hand cramping I experience when writing answers by hand_
Thank You,
~~/-,~)
Page 2;
C. Presenting Problem
The circumstances, which prompted me to seek help from the LAP program, relate to the
Abeyance Agreement that I signed with the California Bar Examiners (CBX) in July of
2004. While I have great respect for the LAP program, I did not intend to enroll in it or
seek help from it. Rather, the CBX directed me to have my recovery from alcohol abuse
monitored by a LAP professional during the period of my abeyance.
However, I suspect this question would best be answered by explaining the circumstances
that I have gathered prompted the CBX to direct me to LAP. During my informal
interview with the CBX, I was asked an open-ended question, essentially requesting an
explanation for two incidents, which occurred in my Jast semester oflaw school.
The first incident relales to my reaction to an academic fraud investigation that I was the
focus of In a class called Cyber Law, taken in the summer session of200], I was
accused of dishonesty in some respect. I was never told exactly how I was suspected of
being dishonest. The facts are that I turned in a paper on the due date in class in July of
2001 The professor emailed me on September 7th of2001 and requested that 1 "turn in
another copy of the paper". I wrote the professor and explained that my laptop's
motherboard had been very damaged (apparently as a result of a power surge related to a
broken USB port) in the intervening months and that aliI had was a very rough draft of
the paper The professor told me to turn in the rough draft. 1 did, and an academic fraud
investigation notice was the next response 1 received. I was cleared of any wrongdoing in
regard to the academic dishonesty investigation, given a passing grade, and graduated
from law school. I had already passed the bar exam at the time of this investigation.
After the investigation was started, I wrote several emails to the professor involved
explaining why I thought it was unfair to stan an investigation in this situation. The
school and the professor took exception to my emails and forwarded them to the bar.
Two weeks after this investigation was instigated, I went to a movie theater and entered
without paying after having waited in the line for 30 minutes while the cashier was
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C. (page 7)
I did not
dnnk alcohol whatsoever in high school. I began drinking mid-way through college. It
was typical for me to have olle or two drinks and call it a night after a weekend's
drinking. I never experienced a black out. The only time I vomited from drinking too
much alcohol, or rather a poor combination of different alcoholic drinks was very early
on in my use of alcohol, before I became accustomed to its effects. I rarely drank during
the week. This continued for several years. Somewhere around age 19, I developed a
progressive case of chronic back and neck pain. Several years later I discovered that
drinking alcohol was helpful in diminishing my physical pain levels
LegalJ did
noth
suffer
all th at great Iy from a legal standpoint, however, I was arrested
one night
after
'
incident w'
avrng consumed a moderate amount of alcohol (from the movie theatre
general ~ir~:~~as consumed that night and may have contributed to my judgment and
applies he
thS adnces). Also, to the extent the delay in getting licensed as an attorney
re,
Spiritual-This cuts both ways. I feel I have grown by leaps and bounds spiritually
. . penads
.
.
'
H
h owever
1ft' I have also gone tm ough some utterly demorahzmg
In .
life that seem
to
t:ve e so~e real wreckage upon my spirit. However, recovery has taught me that
ese expenences make me more useful to others who have gone through such trials and
Sexual- I believe substance abuse led me into some unfulfilling relationships and led me
to damage some fulfilling relationships by exhibiting erratic behavior related to drinking
alcohol
E. (Page 8)
I was self-diagnosed for alcoholism as early as 2002.
My pro~ram. and tr~tment regime is .detailed below. r have found it very helpful, though
my sobnety IS contmgent on the contmued maintenance of many things, including my
spiritual condition.
Please consult the materials I have provided to CBX, which include letters detailing my
work in recovery wlth my sponsor, LCL, AA. meetings, and my personal studies related
to recovery (which include relapse prevention, stress reduction techniques, and a variety
of other endeavors related to getting and staying sober).
I have read a great deal of literature related to recovery, some highlights include:
"The Big Book" of Alcoholics Anonymous (many repeated readings and attendance at
step study and book study meetings that use this text)
The "12 by 12" of A.A.
"Sennon on the Mount" by Emmett Fox
"Staying Sober- A Guide For Relapse Prevention" by Gorski and Miller
"Each Day a New Beginning" by Hazelden
"..
"Celebrate Your Self-Enhancing Your Own Self-Esteem by Corkille Bnggs
There are perhaps over one hundred recovery based texts that I have read in the last 4
years, these are merely a few highJights.
J have also been attending the State Bar of Nevada' s LCL Since March 0[2003 on a
regular basis
I have met with a sponsor for over 80 hours and worked on the steps (please see the letter
from my sponsor Kelly Testolin that was provided).
(page 8)
I have been sober since January 2811\ 2003. I had been sober throughout 2002, however I
drank alc?hol and smoked marijuana during the first part of January 2003 I had had
many penods of sobriety/abstinence in the past 5 years. Periodically throughout 2000
and 200 I I would quit drinking alcohol. I did not use any other substances during that
period. 1 did not have any major periods of abuse during this time: however, I did have
some negative consequences, though nothing very noticeable. 1 was using will power
G (Page 9)
This question is quite hard to answer because so much of the answer is to a matter of
degree. However, I really felt that I wanted to quit and needed to quit near the end of
2001, corresponding with the two incidences oftroubJe in my last semester of law school.
There were various point in college when I thought I. would be benefited from quitting
drinking, however, much of that was part ofa whole self-improvement bent and not in
relation to a stark desire to end the type of negative consequences that I would later
experience in late 200 I
This early desire to quit related to gaining weight, a lapse in physicaJ appearance,
desiring higher grades, and embarrassing social behavior relative to alcohol use.
H. Please see the letters I have provided ITom my sponsor and LCL, in addition to
my answers to the question on Page 8, as well as the meeting signature lists that I
have provided to document my attendance al A.A meetings. I greatly value my
experiences in A.A. and the courage, strength, and hope that 1 have gathered from
a great variety of individuals in those rooms.
I feel I am already quite involved in A.A., LCL, and recovery in general and that I
already benefited and learned a great deal from a variety of other substance abuse
services (including over 60 hours of counseling with either a psychologist or
psychiatrist). Therefore, I do not wish to receive any such referral.
III
0 '5"
\ I
.;.J
.
ill
ADD ] have not ~~~ous
ne~ses behside: th.at ~fsubstance abuse, chronic pain, and
y surgenes or ospnahzatlons.
massage
h!v~urrently exerc.ise a good deal and 1 have always been one to exercise a great deal I
USed m~ny ddferen~ methods of exercise over the years including bike riding Tae.
..
.
'and recreational sporting
'
B o' Y oga Pilate.5, aerob les, weight
I
hftmg,
cardlO
machines,
-I .do not c~rrently smoke or use tobacco and only rarely did so in the past. I currently
dnnk caffemated beverages periodically.
-My PCP is Thomas O'Gara, M.D Dr. O'Gara has been made aware of my sobriety,
chronic pain, and ADD.
-My parents have been divorced since] was 2 years old. I am not sure of their substance
abuse or mental health history and believe that I do not have a right to comment on that
for them. I can say in a general way that there has been what appears to be alcoholism in
my bloodline. My parents are upstanding, honest, and hardworking Americans. They are
both in their mid-fifties and enjoy productive and healthy relationships in life. Neither
exhibits any substance abuse patterns. Both sides of my family have a history of chronic
pain, particularly emanating from the back and neck regions. This has been present in
my Father's mother, my Father, my Mother's mother, my Mother's brother, my Father's
brother, and several great Aunts and Uncles. Attention Deficit Disorder has been present
in both sides of my bloodline as well.
-My parent's disciplinary style patterns and parenting styles were fairly conservative and
fairly carried out. The children in my family were taught to earn their keep, be polite to
authority figures, and have manners.
-I have twO sisters. They are two and four years old than me respectively. They have no
substance abuse or mental health histories. They are friendly and caring young women
who are living full and healthy Jives. Further, I have a stepbrother and stepsister, five and
three years younger than me, respectively They were disciplined mostly by my
stepmother, though supported financially almost exclusively by my Father. My
stepmother's parenting style is somewhat more lax than that afmy biological parents.
Lastly, my Father and my stepmother had one child together. a girl, who is 10 years
-I was not abused in any way by my family of origin My Father told me that he would
pa~ for my law school tuition if l would take out loans in my name while in school.
~ltJmately, my father informed me that I. would need to repay the loans by myself due to
his other obligations. I was told of this shortly before the two incidents at the law school
that were the subject of my Character and Fitness inquiries. I am currently repaying the
loans and am no longer resentful towards my Father ahout backing away from paying
these loans or misleading me in this regard to influence my decision to continue on to
graduate school I have around $80,000 in education loans to repay_
-My entire family is aware of my substance abuse problems. Some family members
question whether I have a problem with alcohol or any other substance. They cite my
achievements in life, and the fact that they have never seen me drunk, but rather, have
always regarded me as a light drinker. These family members view my chronic pain
problems as the most instrumental force in the delay of my license, in combination with
'talking back' to the wrong authority figures_ However. others in my family feel that it is
a wonderful thing that I am in recovery and see that onJy good will come of it and the
spiritual principles I have further embraced Until the problems with the law school in
my final semester of school, and the following delays in getting licensed to work in my
chosen profession, my drinking had never been questioned in any real way or been a
cause for concern among the members of my family. However, most alcoholics (whether
subconsciously or not) go to great lengths to hide their problem. and consequently. 1 did
not base my decision to join A.A. and announce my recovery to both State Bars (by my
own volition) strictly on the opinion's oflhe members of my family.
-The entire fam.ily is supportive of my recovery. My Mother has made particularly
incredible efforts to help me get through what was a very difficult period. This period
included dealing with the enormously upsetting delay of my license to practice law for
nearly three and a half years and the concomitant economic hardship that presented as
well as the identity displacement that went along with that. Adding these stresses on top
of the general 'heavy lifting' that occurs in early sobriety made for quite a challenging
time for me, and my Mother made great efforts towards helping me get through this time
B (Page 14) Please tell us about your relationship history.
_] am currently single and dating. I am not currently in a relationship. I have never
been married
-I am not currently in a relationship.
-I have never been married
005:
M drink
- Y
l?g ca~sed problems in a relationship thall was in during the summer of
2001 _D~nng this Summer I was studying to take the july 200 J Nevada Bar
and living with my girlfriend allhe time_ The enonnous stress of
studymg for the bar, in addition to laking 6 credits of Summer school further
worsened ~y. chronic pain condition. J was uninsured at the time
despite
Ex~natJon
and
numer~us VISits to the student health clinic at my university, was unable to find any
rea] rehef ~br the daily agonizing pain I felt in my body. and the mental distress that
faJrly well, however, such drinking caused undesirable side effects such as mood
chan~es. irresponsibility, lack of intimacy, egotistical behavior, a lapse in
physical appearance. These character defects placed even more strain on a
~elationship that was already very strained from the stresses of the graduate school
lifestyle and the pressures of preparing for a bar examination. The relationship was
mutually ended by myself and my girlfriend of two years in August of2001. The two
incidents at the law school that both State Bars have focused on occurred shortly
thereafter.
and
-J am heterosexual.
-I do not have any children.
-Substance abuse is not involved in any of my current significant friendships. Most
of my friends are finnJy entrenched in the recovery lifestyle (i.e. attending AA
meetings and functions). Prior to entering recovery, severaJ of my fiiendships were
with individuals whose drinking patterns were similar to my own, that is their
drinking seemed to be capable of causing negative consequences sooner or later. I
am no longer close with such individuals.
-I do not have any pets.
Section Five: Miscellaneous (Page J6)
A
Recreation
-My recreational activities often center around AA. meetings, functions, or the
'meetings after the meetings' I enjoy the company of those who have been through
similar experiences as those that 1 have been through
Writing and recording music is also a hobby of mine. I do trus in my spare time as a
way of relaxing, for entertainment, and as a creative outlet. I play the guitar, piano,
and sing in addition to writing both words and music for songs.
-The last vacation I took was in September 0[2004. 1 spent approximately 5 days
visiting Lake Tahoe with several friends. My finances have been quite limited since
leaving law school (an in fact, prior to and during law school as well) and, as such,
my vacations have tended to be rather humble.
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\I, ,'Ulll'1I1 1c\'d IIflin:lIIl'ml StlCSS IS not unmunnRcillIlc IlUn hy no mcun~ well all', hut
I t"l1thllll~c tht'llpitttilill \\.l,,,lth my hll1 in rt'C(lvt'IY hns heen hlessed with und "!like ~urc tn
Il\c \\1111111111\' m~';lns Iln'''I'n'! I ~'t'ltuinly 11111 illlplt'~sed wilh the "e,"t'ndn\l~ IUI10tJIII
fTlI\llt\ I mH' 111 1,\(1\1111011111 hllllls lind 1t'~11 1 fi.c~ stcl11111in~ IhltlllllY BIIIIIPI)licntiolls
\1'" IIIllmilillh.d h, the jllllSpcct Mpnvitl/o\ the Ices ns~nciOlcd with the 1.1\11
111111-/.1,1111 ,\s It rUIIl'IIIh-' slumls, I dn .IUI set' how I could evcl Umlld III hllvc II liullily u n
Ill'
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lind debts
I mn pHlud (lfnlY ('lit rent ability tu l1ICcllllY current cxpenses !lnd lifestyle, Dealing
wHh Iht' ulH.",pc~'h.'d derny in ~cttll1g my low license lind the enormous identi ty
displal'l'uwllIlh:u h;ls ~hmmleJ Ihmithul ddny tlnd my sllh~Ctlucnt need 10 lind suil nblc
..'lI1pl<lymcnl in II pl'rind ofdl'('P ,,!collomic insl'<:ltlity with tespcct to our notion's
C, ..O/l(lllJ" was 110 tluuhl. very ditlicull, however, I endured Currently, my fiunnccs
llet:c~sll;tlC Ilrat llravc ulinust nu discrctionary income for enlel'lUil11ncnt expenses or fOl
mm-l'sSl..'Uuul it~lTIs Ilowe\"cr, Ihls hlls {(.)recd II1C to grow nnd cmbnlcc Ihe l1on-Jnutcriuls
JU)--'s hI11l'I~)ulltI in lift:. sudl us friendship. sri,iluality. service 10 others. und creativity,
.J do 1Il)lllIIlie any alimony payments or child sUI>porl pnYlllents 10 pay
.1 h.1liC ncnrlr StW,O{)O in ctluculional J<luns It) repay The last tltX rclU.n 1 filed was fm
the ta'( ycnr of 20lU
~ t hllve
iI"d do
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ahcudv donc It grcut dcalofrcscarch lind learning \IS it relates to cred.t counseliug
wi~h 10 receive 1I rcli.:rrlll it)!' ~lIch SCIV;CCS
nol
O\'5G
/
J atten~ed church as a youth with my parents, splitting time between Methodist and
Cathohc ~hurches. My Mother brought my sister's and J to the Methodist church where 1
was bapllzed. at age 1.2. ~~ ch~rch attendance waned during coUege and law school,
howev~r mY,mterest In spmtuahty grew during coll ege and law schooL I did a great deaJ
of readmg with re~ard to spirituality. self-help, and eastern philosophy during this period
FUT1?Cr. ~y ent~ mto A.A. and the recover lifestyle brought on a great deal more
rea~mg, Joumaling, praying, and congregating in a quest for spiritual education and
enhght~nment. I currently attend church onJy sporadically. I split time between
Buddh!Sl, Methodist. Unitarian, and Catholic churches. Rather than organized religion,
my maIO focus is on spirituality and I seek out guidance in that regard from a multitude
of sources, including books, tapes, movies, A.A meetings, speaker meetings, work with
my sponsor in A.A., praying, meditation, yoga, pilates, and breathing exercises. One of
my favorite spiritual texts is Emmett Fox's "Sermon on the Mount" a self-help style book
that explains Jesus' famous sermon in a way that helps me apply its basic tenets to my
everyday life and recovery.
I
~
This is a 29year-old gentleman who has been followed for the last three years in our group for
ceryicaJ midthoracic pain. MRI of cervical spine has bulging C4, C5, C5, C6 and C6, C7 without
central canal or neuroforaminal stenosis. This gentleman has been through two pain
management evaluations the latest one on 9112/05 by Dr. Alan Wong. His evaluation slates that
the patient is tolerating medications well and is very functional and has no changes or
recommendations at this point. The patient's medications include clonidine 0.1 lUg t.i.d.,
oxycontin 80 mg b.i.d. The patient has exhibited no addictive behaviors and is tolerating current
regimen well and as per the information provided by Mr. Coughlin we will provide reports as
necessary.
Please call if we can be of any further assistance.
TO/mrr
Ce: Chart
Richard C. Inskip, M.D. Thomas D. Q'Gara, M.D . CoUeen M. Capurro, M.D Shannon l. Zamboni, M.D.
601 Ralston Street, Suite 100, Reno, NV 89503 (775) 786-1110. Fax (775) 788-8075
C. COE SWOBE
ATTORNEY AT LAW
3 Bret Harte Avenue
January 4, 2006
J appreciate this opportunity to write about his young man's recovery and progress.
cc Zachary Coughlin
Clinical Psychology
License IIPY088
I have been asked to write regarding psychological treatment with Zach Coughlin. r have
worked with Mr. Coughlin since 4/28/03; he has attended 34 psychotherapy sessions.
Mr. Coughlin has been an active participant in psychotherapy. He has made significant progress
in organizing his life to more skillfully meet life's demands. He has learned to improve his selfmonitoring and stress reduction techniques to cope with difficult situations. During this time he
has responded to a variety of situations more adaptively. He continues to appear to be on a
course that is working well for him to establish the patterns necessary for maintaining a more
consistent pattern of good judgment and adaptive behavior.
Sincerely,
(~~I;/j,
."!.",,;..
W 2nd
'Suite 304
(7751 786577S
Oll60
--
t'\.
,.,
The reports required by the Participation plan call for quarterly submissions. It was my
understanding thai the first quarter for which these reports were required ended this December,
given that the PartiCipation Plan was signed and entered into in MidSeptember of 2005. Please
let me know If my understanding in this regard is wrong in any way. Similarly, it was my
understanding thai the first required -semi-annual report of my recovery progress (to be
submitted by myself) is due in March of 2006, and that the five annual hours of substance
abuse/mental health education must be completed by September 2006. Please let me know if
my understanding is incorrect in this regard.
I would appreciate confirmation of the receipt of this report and the accompanying quarterly
reports required from my health care providers from LAP as well as confirmation of the date and
time for which my next meeting with LAP is to take place, as well as an indication of what I need
to do next to further the conclusion of the LAP monitoring period called for by the Abeyance
Agreement thai I entered into with the State Bar of California (which calls for a report from LAP to
be submitted to the Board of Bar Examiners at the conclusion of the Abeyance Period).
I am continuing to be represented by my attorney Jerome Fishkin, and ask that Mr. Fishkin
continue to be apprised of the status of my involvement with LAP and any other matters related to
the LAP monitoring mentioned in the Abeyance Agreement I entered into with the State Bar of
California Board of Bar Examiners.
As a courtesy to me, I would greatly appreciate if you would contact me if this report is deficient in
any way or missing any of the required materials.
Sincerely,
Flit'~fi-O-i
0\161
The reports from my physicians and counselors will be forthcoming, I have requested
these reports and am awaiting them from the respective parties. Please fllld enclosed
with this correspondence 'signature sheets' for my daily recoverybased activities. My
accept the materials that I have previously mailed to LAP as part of my reports required
by the evaluation pJan, including the letters from Coe Swobe, Esq. of Lawyers Concerned
for Lawyers (of the State Bar of Nevada). reports from my therapist Oliver Ocskay,
Ph.D., a Jetter from my sponsor Kelly Testolin, Esq., signature sheets showing attendance
at A,A. meetings, and all other materials formerly submitted. My records indicate, by
U.S. Postal Service certified mail receipt, that the Lawyers Assistance Program received
these materials on December 2tll of2004.
As a courtesy to me, I would greatly appreciate if you would let me know if this report is
deficient in any way and whether there is anything called for by the committee or the
Evaluation Plan that I have failed to do.
Sincerely,
Jan ~O 05 06:31p
Oli~er
Ocska~.
Ph.D.
775-828-0220
p.3
License ttpy088
C/inicol Psychology
I have been asked to write reganliDg psycbol:ogicaJ treatment with Zadl Coughlin. Mr. Coughlin
bas been attcodiDg psycbodleRpy sessions since 4128103. He bas alIr;odcd 24 sessions.
/.
MJ'. CougIaIin bas: beea an .clive participant ill his tJcatmcot. He bas OOIdioocd to improvc IUs
ability to 1Ke pe:rsooallespoasibiJity for his beU.viOl'. He Us COIdinued 10 minimize tbe i..m.pIIct
cL aJIIhority CODfIicts and hyperseasitivity to criticism on his behavior-. He bas coatinued to usc
se1f-tDOllitori., aad stress tedttClion tcclmiqoc:s to cope with difficult siInatiom.. Tbesc ad oCher
~ve behavioral stnICgics have coaDibated to oootioaed improvemeot u. his ability 10 assess
aDd. respolld to a V3riely fI situllioas more effectively aDd actapcm:Iy. He cooDnoes In giYe
m
everJ i",ticwrioa that be is DO a .COIIISC that is woding weD n.. him and bdpiDg him to majnra
!be $InIC1DI<S be oecds 10 maint>iu consisleB. paIItn of good jodFDent and..tapti"" beha';or.
(775) 78fr5775
Oliv~r OC$kA~.
Ph.D.
775-92B-0220
p.2
Clinical Psychology
License #PV088
Mr. CoogbJiD bas been an active participant in JUs tJealmeoL He bas improved bis ability to take
pcrsooaI rcspoosibility fur his behavior. He has learned to minimize the impact or MIIbority
conflicts and ElypcrstDSilivity 10 aiticism on bis bdiaYior. He ba lcamed to use seIf-IDOPitoring
ud sItts!;...ructiaa ICdmiqaes ID ""'" _
difficult _ _ n - .... ""'" 0DgDitive
bc:havionJ strategies have improved his ability to assess aDd RSpOOd to a variety oC sibIalioDs
IDJIfC. cffCC1iwdy aad adaptiw:Jy. He would Cllll'elldy .-ppear to be 011 a romse that is wOltint
welJ' for him and helping.tUm to establish the stroc:rures be will DOCd to maiOWD a more
~ goodjudgemcotand ......ve beIlavi....
ooosi...... _
(775) 7865775
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Please accept this corresponde~ce as. the rep~equired by the tenns afmy Evaluation
~Ian. attest that I have complied with every condition included in the Evaluation Plan,
Includmg. but not limited to, counseling sessions Oliver Ocskay, Ph.D., attending
Lawyers Concerned for Lawyers weekly, and engaging in a recovery-based activity daily.
The reports from my physicians and counselors will be forthcoming, I have requested
these reports and am awaiting them [rom the respective parties. Please find enclosed (.5 P4bf"..sJ
with this correspondence 'signature sheets' for my daily recovery-based activities . . Plal.;i@_
accept the materials that J have previously mailed to LAP as part of my reports required
by the evaluation plan, including the letters from Coe Swobe, Esq. of Lawyers Concerned
for Lawyers (of the State Bar of Nevada), reports from my theraPift Oliver Ocskay,
Ph.D., a letter from my sponsor Kelly Testolin, Esq., signature sheets showing attendance
at A.A. meetings, and all other materials fonnerly submitted. My records indicate, by
U.S. Postal Service certified mail receipt, that the Lawyers Assistance Program received
these materials on December 2ih 0[2004.
As a courtesy to me, I would greatly appreciate if you would let me know ~f this report is
deficient in any way and whether there is anything called for by the committee or the
Evaluation Plan that] have failed to do.
Sincerely,
'"
I..........._.................. ...... .....................
"(!"..,
MARCIA D. FIUPAS
i
Notary Public Siale Of Navada E
,
. ' AppoinIment Recorded In Washoe COO'lIy
'.
No: 00-61~2. Expires March 20, 2008 !
"
,
" ........................ " ;
...
'_.-_._Psyt:hotherr:tPV
PS~';;9V- ----
Ure1lS "PY08R
December I l. 20(}4
Patrice Eichman
I have been asked to wrile regarding psycboJogk.a1 treAtment with Zach Coughlin. Mr. CougWifi
has been attending psychothernpy s~ssjons since 4128103. He has attended 24 sessions.
Mr. Cougblin bas been an active participant in his treatment He bas continued to improve his
ability 10 take personal responsibility for his behaVior. He has continued [0 minimi7A:- the impact
of authority conflicts and hypersensitivity to criticism on bis behavior. f;fe has continued to use
self-monitoriag and !'uess reduction lCch.n.iques to cope with difficult situations. These and otber
cognitive behavioraJ stralegie<s have contributed to continued improvement in his ability to a..c;scss
and rupond 10 a variety of sitwuions more effectively and .adaptivefy. He continue!> to giv-c:
every indication tblll: be is on II course 'that is working weU.for him and be-l ping him to maimain
(he StrUctures he needs lo maintain a consistenl pauern of good judgement and adaptive behavior.
Sincerely.
.,
tU,(pv~ /1tfJ
/.
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C' ;{
R~nr)
N(,V(\c1a 1)9503
(775) ,805771
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Poley, Pam
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From:
Sent:
To:
Poley, Pam
Hi Pam,
I am sony for taking so long to get back to your email. I started a full time job this last week at a retail
men's clothing store and do not have internet at home. I did mail all the documents to you and the one
document to Ms. Lawson. I have the day off tomorrow, Monday and am available all day. I have to
work on Tuesday from 10-7 and talking on the phone at work is not pennitted and lunch is only 30
minutes long, tops. I will keep my cell phone on me tomorrow, Monday, June 11th if you caB, 775 338
8118, and I will call you 1omorrow as well.
Thank You,
Zach Coughlin
>
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>Hi Pam,
>
>the intake questionairre and other documents to sign and will mail them
>to you this week.
>Thanks,
>Zach
01.0J
711212005
7..ach C'.oughIin
J 044
ZachCoughlill@hotmaiJ.com
Tele: (775) 3]8-8118 Fax: (267) 220-6025
subject to disclosure will be limited to the following" section of the "Authorization for Disclosure and
Release ofInfonnation".
Pursuant to the LAP Evaluation Plan, and subsection #6 in particular, I am enclosing a phannacy
printout detailing all personal use of prescription medications. Also, I am including a listing of my
current medical providers, as the space devoted to that in the "Authorization and Release" is not large
enough to provide the contact infonnation for each care provider. Please let me know if I am not
including the type of "EntitylPerson Authorized to Disclose/Obtain Information" for which this
document is asking.
In order to complete the intake interview, please let me know a time that will work for you and I will
make sure to be available.
Sincerely,
Zach Coughlin
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Boards & Counsel> OED> Patent Attorney/Agent Search> Search Results> Detailed Information
Last Name
Coughlin
First Name
Zachary
Middle Name
Suffix
Firm Name
Address
City
Reno
State/Province
NV
Postal Code
89503
Country
US
Primary Telephone
775-338-8118
Registration Number
53905
Attorney/Agent
AGENT
05/0212003
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m(lr.lll'hurlIrll'l I,udl;!r), Bilrker ('ollghhn hus upphcd tu become a member of the State Bar of
"l"OPY or an AlIthnrii'alilln und Rclcuse signed by Mr. Coughlin permitting us 10 receive
du(umcnts ullll infornmlillll relcvantlO him is enclosed, Also enclosed is a form IR002, and Affidavit.
('lIhftlrniu
1 am rt'quc:4tinlf, the h,lluwing dueurncnts from your agency, (1) Drivers License Data Ten Year Record.
(2) Chationlchll.rginaJ documents and cOllviction documents ror conviction on 1/9/03 or speeding,
".,lon no. R1153 t 7. (3) citation/charging documents and conviction documents for conviction on
1/20105 of speeding. cilation no. 0000982687. (4) Failure 10 Appear (FrA) citation no. I02053878A.
and dilpolition. (5) Failure (0 Appeur citation no, 102497085B. and disposilion and (6) Failure to
Appear citation no. I02497085A. and disposition.
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without mentaJ reservation., of any kind. I fully wldcrs tand that failure to make a fun
di.... cJosure of any facl or information called for may result in the denial of my application and
receipt of an adverse moral character determination. J therefore agree to give the Comminee
Ihrough [he Slate Bar's Office or Admissions any further information which may be required in
-ererenc!! to such investigation. J undt'fstand that the contenlS of my moral character investigation
are contidential and !.hat I will not receive and am not entitled to have disclosed to me the
information rece ived or obtained during such investigation except as provided under California
Evidence Code section 1040.
I also authoriz.e and request each and every law school having control of any documents,
records, or other information pertaining to me to (i) furnish such to the State Bar 's Office of
Admissions, as required by the Committee: (ii) permit the Canmittee or any of its agents or
rcprcsentali <
\'cs to inspect and make copies of such documents , reoords and othe r informacion; (iii)
answer any inquiries, questions or interrogatories concern ing me which may be submitted by the
Comminee; and (iv) appear before the Comminee and to give full and complete testimony
concerning me, including any information furnished by me .
1 further authorize all educational institutions and testing organizations to release to the
Committee any information, files or record s pertaining to me requested by the Commillee in
connection with any studies oonducted by the Committee regarding the admission process.
I hereby release, discharge, and exonerate any law school, educational institution, or testing
organization, any of their respective employees, agents and representatives, and any p::rson or
organization supplying requested documents, records, and other information pertaining to me from
any and all liability of every nature and k.ind arising out of the furnishing of such documents.
records and other infonnation to the Committee.
I further authorize and request every person, firm, company, corporation, governmemal
agency. bank. credit company, instrumemality. law enforcement agency, coun, associar:ion or
institution having control of any other documents, records am olher information pertaining to me
(including any confidential or sealed records; files of bar associations or disciplinary pertinen! data)
to (i) furnish to the Committee my such information; (ii) permit the Committee or any of its agents
or representatives to inspec:t andmakecopies of such documents. records and other information; (iii)
answff any ioquiries 9 questkms. or interrogatories concerning me which may be submitted by the
Comminee; and eM .t!ll!.~ 1M: Comnittee and to give full and rompJelc testimony
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license and regis.ra,ion files and records may be obtolned ond tho limIted UlJe& WhICh are perm,\tfld
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I understand that a record will be maintained by thfl dopt.lrtment 01 :Jny mlorfnetif)n '/Ihleh I
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I understand that .my sale or disclosure of information so obtained mu..t tm ,n ac.cordanol) ,/,It, 1M
Ihis section. SpecIfically. that I must keop records of 8uch 88113 or dllsclo'!lun, lor "Ie fIlar. (fJr
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inspection. and thai such sale or disctosuro may only be lor a
pflrm t!f.td undor 'all.
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I understand thai a violation o( the provisions o( NRS 48106"" a ,romlnal ol1on,. Speof,,-,,"
dfJP~rtmant,
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to make a false representation to obtain any information frorn the
or \.0 \r.w."lfI'il rJbt;)." r.;'f '1
any information from the files or records ot the dopartment for any use not permltled
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Coughlin is attat.ht.-d. \\ hh.:h Autill.)ril utlllll p('nnits u.s W rt. ...t.~i\ 1,.' Jl)t:'UI11l'IlIS .lIld inlllrlll;lliull n ..'k\'unl to
Mr. Coughlin.
I understand that ~tr. Coughlin h.ts rt.'siJl'J in ~t.~' ;ldil SIIlI."(.' .lrrnr\.imatt'[) PN I I '\ ish to receive:
copy of Mr. Coughlin's Statc orNC'v,lda drin:r's IiCC'IlSl'IS \\dl.1S a l'I.)P) of his driving hi.story
(including any violations of Ncvada driving h",.s) since ~lpprl'xinhlh..'I:- 1991.
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veslig,ation m,\de as h) m~ q\hlhfil'''ath)\\ "''- g\,,-,ll\\\\\,I\ dtll :h' h ' l \ h.\h , ',I\\'h'''' ,,,,,I lhf
utstions in thE.' rorc~oil\~ nppkntiol\ and hln l'aus" \'u',1 tl",'", t \ Ulht,\n~ , IH1h .,,,', uwph h"\, .,
'ithoul mental resenations of au) kim\. 1 r\ln~ u.,,,h', ,t(md 'h~'. tillh11'- *H \I"~~,- ., ~""
\.~c\osure of any fact or iu{onnatillU. l'nl\\,'(\ rOt Ilh', n',uH in 1lh" ,1"IlL" .,' u" ."'\,'" t'hH' .tlhl
rtteipt of an ad",!rse Inoral dUuul'h'r (\l'tt'rmhl\H.,m 1 th"I~'h'h\ "~h\~1 hi l!." \" Ih.1 ( 1'111111111,
\'h.roug,h \he State "ar's orne.: llr ,'\thmSI\\ll"S am huttwt 11\~\I\\\.\1" IH "hI> h llI;l\ tl\l 1;\1"1\ d hi
reference \ll such \n\'CS\ igatll.nl \ \\tllk.,. ..;t~\\\l\ 1hilt ttl\' \"'11 \\'1\1, "I 11\\ 'I" II ill , ' hil\ ,h ", \ 1\ \\ \ ~ ... , t ~HI II 1\ \
are con\lden\\a\ aml that \ \\i\\ HI.'l ft'!.:l't\l' ~ull.l 1\\\\ \\lll t'HlIllt.. 1 hi h:\,~' Il'\i' hlvd hi \Ih' 11\\'
mf~rma\\01~ recclvcl\ ur 1.1hti\\m:d l1unl\~ s\l1;h \U\l""~;\tkil\ ~''\\'\'l't .,\ Ph" hkd \\\111..' 1 , 1 11111111\11\
EVidence Cnde
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\ ahn authnrill' and H.qUt~t t..,\.:h om\! t'\l'I~ I"" \\'\1\.\\1\ h.\\ II\~ ~\'IHh\1 III ; \11\ ihl, \\lIh-lI1\
records. or uther int"nm\i\\lu1\ pL'rli\lI\iu~ tu UW hi ~I) hlll\\,11 \\\;.h hi II\\~ ,\I,\h' It,n ~ \ '1111"\). \11
A.dmi~siuns., a" requlr ..,\ b) nu.' ~\\lHl\\ill ..'t', tii) 1",'lnlll 1\1" ('\\\1111111\,, III .HI\ Ilf 11\ '\~~ H\l 1i. ,II
rcprc~l:ntathc~ to inspcct am.\ ma\..t,.' ,.:upil~ ,\1 \llrh 1\,1\' \11\1\.'1\1\, I\'\\I\,\'" .\ud \lllh' I IlIhllll\ ,II\l11\ ,lin
answt:r any in4uiril."~, 4 Ul'Sliol\I\ lH inh.'\I\I"ilhllll'l\ 1.'\\I\I.TlIIIIIl-\ Ilh' \\ hh II U\,I\ \1.-, "11111\\\11\\1 1,\ Ilh
Commiltel:~ UI1IJ (iv) appt,.'i\r hdllll' tlw (\'I\\I\lIlIl'\' 1\111.1 hI ~\h' lull \lIld \ \llllph'li' h 'lro !UI\\I\l\
concerning Oll', indulhng .111) iuhHll\ation hllnio;\tl't\ h\ 11\\'
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Comnullcc ilny mformatiun, flies ur rl..llnls IWIItItIltIt~ hi \\Il' 11"1111\"'1.1\'\1 II, 111\' l \1"\lIH\h"~ III
hy Iht' (\II\UHlIll'\' H'~I\h\U\~ Ihl' tllhHh~lI\\\ pl\l\ \\)i'! ,
J.hereby release..
discl1lrGt:. .
Knu I.'lwUt,'rtth.'llIl\'
lim Sf hI II, 1\, 1'1 hll ,II 1\ 'I 1,1\ """"", I '"
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organizatIOn. any ~f Ihelr respC'Cttvl: l'I11Jlluy~csl "gt'ms IIm\ \l"h' ... I\\lhlll, , .... lU1I1 ~II\\
organization 5Upp~yma requested docum~n1s.' r~cun'> Ul.\\lllth~'1 111\11 11\11111\1111'1'1t,lllIillt\ h' Hili Ihl\\I
any and
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JC 1 othcr Bar 'l(.hm ltll1g JUlhoritu:s it'\ may IIlqUITC. and I further authoriz.e the Committee to release
ar.y lOti JII ,ul;h mall'rials suhmiucd In suppurt of this applicat ion to ether Bar admitting entities and
Ihe ~ational Cnnkrt:m:c uf Bilr Ex.'lnincrs for purposes of olrer moral character investigalions
~naHlIng,
10 me
I als!} U!}t\c"t,,!}d lhal pu"ua'l to Rule VI, Scclion 7 or lhe Rilles Reglllating 1dll1lSS'Ofl To
P'IJelicf' L(1\\' In ('u/ifortlia. 1 am und!.:T a continuing obligation to keep my application currem and
mus\ u\lda\c in writil\J!, my responses to the application whenever there is an add ition to or a change
in{orl1\i\hll\l prcvimlsly t"urnishellthc Committee
\ hereby rc\ca~c anuc)r.oncriltc the State Bar of California (including its Board ofGo\ernors.
""l ommiucc. m4.:mhcrs or the Committee of Bar Examiners. and officers. employees. agents and
rq1fC'iClltativc'dll' the State Bar) rronHmy and all liability of every nature and kind arising out ofrl1e
furmU\ing, or 1I\\lll.'ltinll of such UtX;UIt'l!nts. records. and other information penaining to me or t.he
mlJrd\ ch.ulcter itwc\tigilliuns made by or on behalf of the Commiuce.
For purpOSl: '> of this rdCa\c.lhc undersigned ghes permission to use a photocop) of his 'her
nn thi ... form a\ an mittin,,! \ignaturc
nitturc
1I1('rehy dl'dare under p4!ually of pcrjuT)' under the laws of the Stote of California that
the unS\\l'rs nnd \tnh.' IU~\t!, pro\idcd b) m(' in the foregOing appication nrc true and correct.
SIGN HEilE
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09/27/2007
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:1/13/2004
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01/09/2003
01/20/2005
NV
NV
116
247
VIOL
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431
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CMV
OFF
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CITATION
NUMBER
571
RllS31"
551
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TYPE
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PAGE NO
DEPARTMENT OF MOTOR
UlQUBsT ~TE
.-S-DlvTs~o~
31902780
BAR OF CALIFORNIA
IIIliIfARIl ST
FRANcISCO CA 94105-1639
DRIVERS LICENSE DATA
TEN YEAR RECORD
LICENSE INFORMATION
-
STATE OF REC,NEVADA
LAST.TRN.DT ,08/16/2006
:3200175008
CARll DETAILS
ZRDtvroOAL DETAILS
945 N 12TH ST
: RENO NY 89503
9.5 N 12TH ST
: RENO NY 89503
EYES ,GREEN
PERMIT
~
NORMAL
A
09/27/2007
~ ..... *.*.****.*.*.**** ** **.****** ****.* *.**** .***
OF TEN
~BAR
RECORD ONLY
CMV
OFF
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) Case No: 06-M-13755-PEM
)
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12
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Also Present:
Susan I. Kagan, Esq.
Deputy Trial Counsel, State Bar of California
Zachary Barker Coughlin, Esq.
Applicant
25
26
27
28
5/8/07 Transcript:
number 06-M-13755. Today's date is May 8 th, 2007. today's the first day
of the moral character hearing. Parties, state your appearances for the
record.
6
7
8
9
10
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12
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17
evidence that he has addressed any alcohol abuse issues, okay? Once
18
the applicant has made his showing of good moral character the State
19
20
character and then the applicant is going to have to rebut the showing
21
22
for why his behavior may not indicate bad moral character. In terms of
23
scheduling witnesses, how many witnesses are you gonna have, and how
24
25
26
and I believe there are at this point seven witnesses scheduled for
27
tomorrow.
28
Judge McElroy: Tomorrow we're only going until four o'clock so.
1
2
3
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6
Judge McElroy: Okay, well you're going to present your case first,
so do you want to start with opening statements and you would go first
because it's your burden. So, let's start with opening statements.
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Ms. Kagan: It'll be just very brief, Your Honor. As set forth in the
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pretrial statement this case is about candor and cooperation. There are
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proceeding. He, first of all, omitted things from his application and he
and he has essentially failed to cooperate with the preceding and that's
court and the State Bar and based on that the State Bar submits that
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yourself you'll have to get up on the stand and present your evidence of
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to be sworn.
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narrative form why I think I should be given a license I would start off
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by pointing to the issues that the State Bar has highlighted. To start,
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the omissions that the State Bar is pointing to are of the type that past
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the fact that I reported things of a far more serious nature such as a dry
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with are things things like, and I'm quoting here: Mr. Coughlin said he
agent it's unclear whether he's a patent attorney. Things of this sort
which are really overly technical and and I'm not even sure that's an
extremely candid. I don't know how many people you have come into
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you know, who you don't have a DUI, and who never been convicted of
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any crime other than a dry reckless driving charge January 2003 and
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based meetings. So, if the issue is recovery, you've got someone who
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the State Bar Nevada's Director of that bar's Lawyer's Concerned for
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Mr. Coughlin: Other than what the State Bar submitted, no.
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they?
Mr. Coughlin: They're included within the State Bar's.
Judge McElroy: Okay.
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for AA meetings from over from early 2003 to the present day these
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were done and just voluntarily on my part, for the most part other,
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attend one meeting a days for 180 days in a row, or one recovery
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activity.
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a great deal of time and effort that's been put into this which I don't
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Ms. Kagan: Your Honor, I'm sorry, I'm going to object to any
reference to letters of recommendation in this matter on the basis that
or by letter.
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suggest is that you tell the court in your own words why you think
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done. I mean just give us why you think you're a person of good moral
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character and why you should be admitted and you can refer to some of
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the exhibits. Some of them may come in, some of them may not, but that
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should have been worked out with you in terms of a declaration with
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the State Bar in terms of whether they would accept declarations from
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people that you were a person of good moral character and in general
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they accept declarations but you have to work that out ahead of time
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is these people there should have been declarations are they should
come in here and testify. I mean, I can tell you generally in moral
character trials, what you do is you have eight or nine witnesses come
in and say that you're a good moral character and that you should be
admitted and they give examples of what things that you've done that
would indicate that you're good moral character. And you can do it I
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mean, if you don't have other witnesses, of course you can do it yourself,
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as you can start testifying as to why you believe you are a good moral
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character.
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the Nevada State Bar's substance abuse chapter for years and years,
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the coffee before the meeting. I have people in my life who have started
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started getting sober because some way I think helped that to some
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here is a bit of a service that I'm doing because this isn't a comfortable
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situation for me and probably there's not a whole lot for me to gain out
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of this, but I believe, I have strong feelings about the way this situation
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has gone and the way my particular case has been handled and I think
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that's set forth if this court and the bar is to look at those who self-
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report and go on to treat them in the way that my case has been treated
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LAP program and how it deals with the individuals who present with
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problem that maybe takes them out of the realm of their typical
does the LAP program treat those who present with ADD or who
present with back pain or who present with diabetes or something that
complicates the matter and is the LAP program being respectful of that
relationship? Does the LAP program and the State Bar discriminated
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that you're trustworthy that there's honesty, candor those issues, okay?
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know the Nevada Bar to get actually getting license was well over
community, which was not very easy I think most people who are
trying to work it in the law who don't have a license but passed the bar
would say that it can be difficult to find a good position in a firm given
the economics of law practices and the state of the economy in those
years that I'm speaking of which was roughly 2001-2004. So I think that
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my experience they don't take that lightly at all and you know it took a
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I think that's something that perhaps this bar could consider and give
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two months and so it's those in Nevada who have had the opportunity to
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what you have to do is prove that you have good moral character and
you have to give us proof so you have to set it up so that it's in evidence.
passed the patent bar exam, the U.S Patent and Trademark Office's bar
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in the Nevada Bar's. I was given the license as a patent agent prior to
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a Nevada practice law March of 2005. From march of 2003, I've been
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attorneys for an hour long meeting. I've had some experience in the law.
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firm and I don't know what else I might be able to say to prove that I
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have character.
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Judge McElroy: So, at this point I'm gonna make a ruling that
you've made a prima facie case that you have good moral character and
so now the issue is going to be the State Bar rebutting that good
character. So, I'm gonna make a ruling that you've shown that you have
you've made enough of the case that you have good moral character. So
now the State Bar can present their evidence to rebut that, so you can
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Exhibit 1?
A: Yes, I do.
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A: Yes.
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letterhead of Zachary Barker Coughlin dated March 19, 2003 and page 3
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23rd, 2003.
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Q: Yes.
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A: I recognize the first page the second page I don't see a signature
but it looks familiar and the third page I recognize.
Q: Let's turn to the second page then is this a letter that you
submitted to the State Bar?
A: I'm not sure.
Q: Did you write this letter, Mr. Coughlin?
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A: Yes.
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State Bar of Nevada Application for Admission 2001 data input sheet,
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A: Yes, I did.
Q: How do you recognize it?
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Nevada?
A: Yes.
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the first page is dated January 9th, 2003, attention Kathy Crary and the
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exhibit 17?
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A: Yes, I do.
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A: Yes, I did.
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Exhibit 2?
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A:Yes.
Q: How do you recognize it?
A: Its an amendment to the application that I submitted. I don't
see a signature on the second page, but I do recognize the police report.
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A: Yes.
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A: I believe so close.
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A: Yes, I do.
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Q: Now turn to Exhibit 39, please turn to page 29, a letter on the
letterhead of Zach Coughlin, J.D., to Pam Poley, the second page of that
exhibit is the second page of the letter signed Zach Coughlin. Do you
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document that goes through page 57 and it's signed or it says thank you,
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Zach Coughlin, Esq. On the last page. Do you recognize these pages of
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this exhibit?
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Q: Mr. Coughlin on July 8th, 2004, did you take part in an informal
conference with the Committee of Bar Examiners, and are you aware
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A: I believe so.
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A: Yes, I do.
Q: How do you recognize?
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and advise whether or not these are emails between yourself and
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Professor Tratos.
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about that one email and is asking for another copy of the paper.
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A: Yes.
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Exhibit 6?
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A: Yes, I do.
Q: How do you recognize it?
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Q: To you?
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A: Yes.
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A: I believe so, yes. And I'm sorry to ask again, but can I use the
restroom again, Your Honor?
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into evidence?
Judge McElroy: Objection?
A: No.
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willing to stipulate now to all the exhibits I have 74 exhibits we'd like
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just go over the exhibits and just give me a list of the ones you have
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objections to or I don't want to put any pressure on you if you don't feel
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like at this point you can why why don't we just proceed and because I
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realize it's a lot for you to have to look at so why don't we just proceed.
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A: So the first email we're not talking about, the one to Ms.
Thingvold?
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Ms. Kagan: Exhibit 10, Mr. Coughlin, a two-page exhibit and the
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first page is a letter January 3rd, 2007 to you. Do you recognize Exhibit
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10.
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A: Yes I do.
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A: I believe so.
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Exhibit 24.
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A: Yes.
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May 10th, 2004 to Kathy Crary from Jerome Fishkin, second page is a
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report of Robert Hunter PhD. D dated May 21, 2002. Do you recognize
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Exhibit 29?
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Exhibit 31.
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A: Yes, I do.
Ms. Kagan: I request to have Exhibit 31 moved into evidence.
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A: Yes, I do.
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A: It is as you described.
Ms. Kagan: I Request that Exhibit 37 be moved into evidence.
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Q: Exhibit 38, a two-page exhibit the first page is dated July 22 nd,
2004 to Deborah Murphy Lawson from Jerome Fishkin, the second page
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A: Yes, I do.
Q: How do you recognize it?
A: It is as you described.
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Q: I'd like to go back to Exhibit 39, I'd like you to review pages 1 to
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28 of Exhibit 39, Page 1is the letter dated January 12, 2005 to Deborah
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A: Yes, I do.
Ms. Kagan: I request to have Exhibit 39, pages 1 to 28 moved into
evidence.
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Mr. Coughlin: Your Honor, can I request to have the rest of the
exhibit admitted into evidence?
Judge McElroy: Any objection
Ms. Kagan: I object on the basis of hearsay.
Judge McElroy: Let's see, Exhibit 39, what I'm going to do right
now is not make a ruling at all and at the end determine whether it
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Deborah Lawson dated January 27 th, 2005 from Fishkin and the exhibit
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A: Yes I do.
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the exhibit is a letter dated April 15, 2005 to Deborah Lawson from
Jerome Fishkin and pages three through five of the exhibit is the order
exhibit.
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A: Yes.
Ms. Kagan: I request to have Exhibit 44 moved into evidence.
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dated May 12th, 2005 to Debra Murphy Lawson from Jerome Fishkin,
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A: Yes.
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A: Yes I do.
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A: No.
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53?
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the exhibit is dated May 26th, 2006 to Deborah Murphy Lawson from
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of Mujahid Rasul, M.D. And page four is a report of Oliver Ocskay, PhD.
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A: Yes I do.
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A: Yes.
Q: How do you recognize it?
A: The entire exhibit?
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Q: Yes.
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evidence.
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there's a foundation.
Q: Exhibit 13 is the reporters transcript of proceedings from
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A: Yes.
Q: Was this transcript of the hearing that you participated in
with the State Bar Nevada.
A: Yeah.
Ms. Kagan: I request to have Exhibit 13 moved into evidence.
Judge McElroy: Objection?
Mr. Coughlin: Hearsay.
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you have to do is bring in specific parts that you want in because not all
before that Committee. I would request to have pages 1 through 106 and
objection.
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Ms. Kagan: I will limit that to just page 29, just the affidavit.
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A: No.
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RSC 2005-000301.
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Judge McElroy: I'm going to take judicial notice of the fact that
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A: Yes.
Ms. Kagan: I request to have Exhibit 61 moved into evidence.
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A: Yes I do.
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Judge McElroy: The court will take judicial notice of the fact that
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notice of, I mean, all the other stuff in the report may be hearsay.
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okay.
Q: Actually, strike that. Mr. Coughlin did you attend evaluation
with Douglas Tucker on our April 27th, 2007.
A: Yes I did.
Q: And was that based on this Court ordering you to attend that
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evaluation.
A: Yes.
Q: As part of that evaluation did Dr. Tucker examine you?
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report?
A: Yes.
Q: Mr. Coughlin, you passed the July 2001 Nevada bar
examination?
A: Correct.
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A: Yes.
Q: On February 2nd, 2001, you filed an application for admission to
the State Bar Nevada?
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A: Yes.
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A: Yes.
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A: Yes.
Q: On March 25th 2005, the Nevada Supreme Court issued an order
of admission conditioned on your compliance with certain conditions
for a period of three years including a condition that you attend
counseling with a license PhD. D psychologist?
A: That's correct.
Q: Your conditional admission with the Supreme Court of Nevada
will terminate 3/25/2008?
A: That's correct.
the State Bar of Nevada please turn to page 17 of that exhibit. Page 17
and page 18 are an authorization and release. Did you read this
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A: I can't recall.
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states I've carefully read the questions and the foregoing application
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reservation of any kind and fully understand that failure to make full
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therefore agree to give the Committee through the State Bar's office of
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Q: No I'm sorry the first part was in bold, the rest starting with I
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therefore agree is not in bold. That's what the documents says, correct?
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A: Yes.
previously furnished the Committee correct that is what it says and the
the laws of the State of California that the answers and statements
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A: I don't know.
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A: No.
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signature.
Judge McElroy: You can be reasonably sure.
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A: Yeah.
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you listed your law school employment with the law school library
page 4.
A: Yes.
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Ms. Kagan: My question was, I want you to point out where your
law library related employment was listed. It's not listed is it?
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not related but lasted longer than six months since your 18 th birthday.
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A: Yes.
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Q: You worked at the law library from October 1999 to May 2000.
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that?
A: Paycheck stubs.
where you stated on page 16 of that exhibit at the top month and year
Nevada Las Vegas law library. Would that refresh your recollection?
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A: I don't recall.
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first of October and you ended on the 1st of May, and even without a
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A: I don't know.
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2 you wrote that I was not employed at the law library for an extended
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period during the winter break from classes in December 1999 through
January 2000?
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A: Well, you would add up the period which you are employed,
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and part-time.
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Ms. Kagan: I want you to point out where it says that you should
differentiate between full-time and part-time employment. Doesn't say
that does it?
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Judge McElroy: She is just simply asking it and if you can answer,
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employment at the law school pretty much lasted the first year of law
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school.
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the exact number of months but it was pretty much the first year of law
school, I was working I was studying there until midnight each night
the lady who worked there said why don't you just work here and I said
well yeah that would be great you get paid so for that so I worked there
for the whole first year basically it might not be the entire first year
because the first probably month or maybe longer than that two, three
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A: I believe so.
Q: So you actually worked there for longer than just a few months,
didn't you?
A: Well, I don't know. If the school year is like eight months and I
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say I hadn't worked there the first three months, then you. What was
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Q: Okay, so let me get this straight. The reason why you didn't list
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A: I can't recall.
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Q: Did you have any help with filling out the application
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A: I can recall.
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Q: If the employment was for the actual first-year would you put
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in the application?
A: If I felt that it fit within what was called for them by the
application, I would have put in.
Q: What did you feel you could leave out of the application in that
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section?
A: Things that weren't called for by it.
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Q: Mr. Coughlin, you just testified that you didn't believe putting
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within a certain description I didn't feel that the law library clerk job
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checking books fit within that description called for by the question.
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correct?
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A: That's correct.
Q: And this was an application that you turned into the State Bar
or submitted September 28 2002?
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A: Yes,
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Q: Yet you took an exam for licensing before the U.S. Patent and
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was a an appeal that I made that was never resolved because I passed
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Q: Okay but you passed the October 16th, 2002, test correct?
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A: Yes.
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Q: Let's turn to Exhibit 61, shall we? Its the application for
registration to practice before the USPTO, and stamped receive July 9 th,
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A: Yes.
Q: Okay would it be fair to say that you submitted an application
that was filed or received July 9th, 2002?
A: I don't know.
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A: I'm not sure that would fit whether there's a more extensive
phase of the application, so I don't know.
Q: Wait, I don't understand your statement. My question was you
submitted this application to the U.S. Patent and Trademark Office
which was received by the office July 9th, 2002, correct?
A: I believe so.
Q: Yet, you didn't put that in your application to the California
State Bar did you?
A: Well I did tell the California State Bar about my involvement
with the patent office, so.
Q: That wasn't the question, the question is on page 8 of exhibit 1
where it asks for credentials and licenses you didn't state or put in any
evidence that you were in fact applying for and taking an examination
before the US Patent Office.
A: I'm sorry, what was your question?
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did you?
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for or having applied for, if the application phase has become past
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tense, ie, applied would qualify rather than are you currently applying
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for.
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A: I don't know.
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A: I can't recall.
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Q: Let's turn to Exhibit 61, page three, first sentence, upon further
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Q: It says upon further review it's a letter dated March 28 th, 2003
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A: I believe so.
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Q: And you were notified that you passed as of March 20, 2003
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correct?
A: No, I don't believe so. I knew I passed the exam prior that this
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Q: So you knew that you passed the exam long before March 20,
2003?
A: I don't know what long would qualify as.
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Q: Yet, you didn't inform the bar anything about the patent
examination or your licensing before May 31 st, 2004.
Q: Well let's look at Exhibit 32. This is your May 31 st, 2004 update
passed the USPTO bar exam and I was admitted to practice as a patent
Anderson and Morishita of Las Vegas Nevada. That was your first
update to the State Bar regarding your patent exam isn't it?
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A: I don't know that. I've had many conversations with Ms. Crary
on the phone and I don't know that that's my first written update.
Q: What I'd like you to do then is go through up you know strike
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that so so your testimony is that you don't know whether or not you you
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something like this I just don't see where this rises to the level of these
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proceedings.
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Judge McElroy: Well she has to put in her case and she's putting
on her case of bad moral.
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Judge McElroy: Yes, this is what she is leading with, this is the
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it's it does state correct that it's you've mentioned its September 2002
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required in my update. And when you say update I don't know if you
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mean just this one particular letter or the sum total of all the updates
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attorney provided.
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Q: Did you include those dates in your update of May 31 st, 2004?
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A: Which dates.
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Q: The July 2002 date, the first time you took the patent bar?
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Q: Well look at it right now you let me know whether or not you
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A: Today, I did?
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A: I did that was because I was referencing the date you said it
was and now I'm recalling that I don't believe that bar is given in July
I believe it's given in October, and maybe April
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A: I believe so.
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Q: so you took the April 2002 exam but you didn't include the,
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dates of April 2002 through August 2002 in your update of May 31 st,
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2004?
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A: Not that I see. But, this update starts in June? This May 31 st,
2004, update? It looks as though the first date listed is beginning in
June 2002 and so we're talking April 2002 would be before June 2002.
So, it's not as though this is saying this covers from April toQ: But you put in the language yourself, correct, that during the
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period of September 2002 through December 2002 you studied for and
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A: Right.
Q: You didn't include the April 2002 date did you?
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A: I believe so.
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A: That is correct.
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Q: But yet in your update to the California State Bar of May 31 st,
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2004 you're only reference regarding your study and passage of the U.S.
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A: In that letter from May 31st, 2004, that is the only reference I
see to the patent bar exam.
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California State Bar regarding the on patent bar exam before this date.
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A: I don't know that I did and I don't know that I didn't and I don't
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A: No, I'm not sure about that. Maybe in regard to applying for a
license, but in regards to taking the exam, I don't know, yeah.
Q: When you were admitted to the patent bar you were admitted
as an agent your license is as an agent before the US Patent bar?
A: When I was admitted in 2003, I was admitted as an agent, yes.
A: I am not certain.
Q: You've never looked to find out what your admission status is?
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Q: Have you ever checked your status on the website for the U.S.
Patent and Trademark Office.
A: I am not sure.
Q: Would it surprise you to know that as of yesterday you're listed
as an agent before the US patent board.
A: I don't know. Objection, that's hearsay and I don't know that
you know what I am listed as.
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Mr. Coughlin: Would it surprise me? I'm not sure whether or not
it would.
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or 2:15.
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that?
A: I don't remember.
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Q: What about May 16th, 2001 were you issued a failure to appear
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A; I am not sure.
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failure to appear from the court regarding that case? Do you ever recall
receiving a notice of a failure to appear in court?
Mr. Coughlin: You mean from any court ever?
Ms. Kagan: Yes.
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Q: Did you know that you had a duty to fill out your application
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under Exhibit 1, page 12, under the section titled convictions where it
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states in answering the following questions you should include all such
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misdemeanor or felony conviction. Did you know that you had a duty to
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A: Yes. True.
Q: Under this section is it your understanding that a failure to
appear would need to be included?
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instance, if one of those was for not having proof of insurance, I don't
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know if that-
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Q: So did you have a question about the what the application was
asking you?
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Q: So what you're talking about is your not sure that the traffic
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violations are you talking about reading it now you're not sure or at the
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A: Probably both.
Q: Did you ever ask anyone for any assistance and filling out your
application?
A: I can't remember.
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A: I believe so.
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A: I think the State Bar might have asked for DMV printout at
some point. I can't recall.
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deafness and section 13.5 specifically asked do you owe and any debts
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including student loans that are past due, include those barred by the
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statute of limitations and past due credit account balances. Do you see
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A: Correct.
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but I believe past due as I've heard it used doesn't mean you have a
debt, it means you've had a debt that you have not made the current
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A: Yes, I don't know that that means they were past due.
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A: I believe so.
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A: I believe so.
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September of 2002.
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you have any student loans outstanding. It's clearly better written
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admission to the State Bar in September of 2002 did you have any, in
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Q: As of today's date do you have any student loans that are past
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due?
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but they're not past due, and I'm sorry are they in deferment right now
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yes.
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Q: At the time that you are filled out this application and
submitted it in September of 2002 did you believe that you had a
problem with alcohol?
A: Objection in the relevance given that this question she's
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Judge McElroy: Okay, well, why don't you ask the question again
and maybe go down to 14.5. I think that might be more relevant.
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A: That's right.
Q: As of September 2002, did you believe that you had a problem
with alcohol?
Mr. Coughlin: Objection for vagueness and relevance and I don't
know how this relates to that-
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M. I overrule that objection. You can answer it, you can explain
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your answer.
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A: I believe so.
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question. I don't know how you can know for certain whether or not you
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January of 2002?
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A: I am not sure.
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Q: At the time that you filed your application with the State Bar
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Mr. Coughlin: (very hard to hear, might say: I don't see that in my
application).
Q: Had you received any treatment for alcohol abuse as of
September 2002?
Mr. Coughlin: I am not sure what you mean by treatment.
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treatment?
Q: Well in your opinion, is going to an AA meeting treatment?
Mr. Coughlin: I don't know. That is what I just asked you. It
might be, I am not sure, but, probably not.
Q: As of today's date, have you had a diagnosis of chemical
dependency.
A: Not that I know of. I don't what is in your report that you just
gave me today, butQ: As of today's date, have you obtained treatment in relation to
alcohol abuse?
Mr. Coughlin: Can you define treatment?
Q: Have you had any medical treatment in relation to alcohol
abuse.
A: I don't believe so, can you explain what you mean by medical
treatment?
Q: Have you gone to a doctor regarding your alcohol abuse?
A: No.
A: I am not sure.
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A: I am not sure.
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you understand that sentence when filled out this application did you
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A: Correct.
Q: Did you understand that section of the application.
A: Yes.
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in writing.
A: Yes.
Q: Did you understand you had a duty to update the application
whenever there was a change in information previously furnished.
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A: Yes.
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correct?
A: I believe so.
A: Okay Mr. Coughlin under the address section of the application
starting on page three the last address that you listed was 4487 Los
Reyes, Las Vegas, Nevada and that was 02/06/02, correct?
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(unintelligible)
Q: And you didn't provide another update of your addresses until
September 15, 2003 correct.
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I'll just start with that Exhibit 25 is that your update of September 15 th,
2003 and it states your new address is 631 Humboldt, Reno, Nevada
89509?
A: Your questions is, is that is that an update I did? Yes, I believe
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so.
Q: And let's turn to Exhibit 24 that's a letter by sent by Kathy
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Crary to you dated September 9th, 2003 stating that you have two
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addresses on file one in Reno Nevada as used above and one on the
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address?
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A: Correct.
Q: Yet, prior to that date you did not provide a written update of
your address since filing the application of September 2002?
A: I don't know how you would know about Madera Road if that
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wasn't the case. I don't know why her later would reference Madera
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addresses.
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A: I believe so.
Q: From November 2003 to April 2004, you lived at 4263
greenhorn court Reno Nevada
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A: I believe so.
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Q: From April 2004 through October 2004 you lived at 1044 West
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A: Yes.
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A: Yes.
Q: What did you understand your duty to update your
membership or your address with the State Bar to be?
A: I'm not sure, roughly that I had a duty to update them of my
address
the last employment that you noted in this application was June 2002
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letterheads and from letters around that time was indicated. And
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you're saying from 2004, whereas there was letters from 2003 to the bar,
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apologize. Let me change my question. You did not provide the State
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Q: Right ,so after this date May 31 st 2004 you did not provide
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employed to from I performed legal research and writing for Mr. Hall a
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variety of times between may 2003 to the present. Was that a true
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Q: Yet, this was the first time you updated the bar or advised the
bar regarding that employment isn't it?
A: Well doesn't it say in this 2004 update, Tom Hall is listed
there?
Q: That you were working to present?
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been necessary. I don't know whether or not I did or not but if I hadn't
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Howard from July 17, 2005 to December 6th, 2005, yet you did not
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with LAP about that job and believe I my attorney was aware of that
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job and I think it's possible that the State Bar had correspondence
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Q: Do you think that the fact that your attorney knew about that
job is does that satisfy your duty to update your application in writing
to the State Bar?
A: I'm not sure.
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Q: What about the fact that LAP may have known about that do
you think that satisfies your duty to update the State Bar?
A: I'm not sure.
Judge McElroy: We'll take a five minute. We're back on track on
the record back.
Q: Mr. Coughlin, did you ever make the statement that alcoholism
is in your genetics.
A: I am not sure.
Q: Then turn to Exhibit 12 page 10 of the informal conference did
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you make the statement: I would just like you to know, to impress on
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you that I really have changed, you know? I've gone to probably five or
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alcohol I would still have character defects, still have the alcoholism as
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A: I believe so.
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Q: Was that statement true at the time that you made it.
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true or false.
Q: Were you lying to the Committee at the time you made the
statement?
A: If something is not capable of being true or false I don't know
that it could be a lie.
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community that I was concerned with the things they were concerned
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Q: Okay, let's turn back to exhibit 1, page six under the title self-
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employment question 6.1 have you ever in in business for yourself, you
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A: That is correct.
Q: Sometime after filing the application you actually started your
own business called Coughlin memory foam mattress and pillows?
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A: Yes.
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Q: Okay, in your exhibit 32, in your May 31 st, 2004 update you list
the dates of employment as October 2003-present, I started Nevada
business and have been a sole proprietor owning and running a
business, DBA Zachary Coughlin memory foam beds and pillows
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company correct.
A: Yes.
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Q: Yet May 31st 2004 is the first time you've updated the bar
regarding that correct?
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business license that's one thing if it's the day which had the
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mattresses and pillow, and all legal matters, designed and maintained
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building up steam.
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A: Yes.
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Q: 11.3 have any judgments been filed against you you checked no
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to that.
A: Correct.
Q: Now in February 15th 2007 you provided which is represented in
exhibit 3 your update of that date on page five you list three civil
actions and proceedings or judgments are filed against you correct?
A: I guess those are judgments dealing with unlawful detainers, if
those are judgments, then, yes.
Q: The first one let's just go through this which is represented by
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Q: That wasn't the question the question was with that in relation
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A: I believe so.
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due $660.
A: Yeah I see where that says $660.
Q: And that that payment is still outstanding.
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A: Yes.
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Q: Yet, your February 15th, 2007 update that's the first time that
you provided that information to the State Bar regarding that case is
that not true?
A: Well, I do believe I related that information in a telephone call
with yourself prior to that day.
Q: Did you provided in writing to anyone at the State Bar prior to
that date?
A: I don't believe so.
Q: In fact, are you aware that the State Bar filed a response in this
matter in 2006 is moral character proceeding.
A: Yes.
A: Yes.
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Q: In that response the State Bar actually list this case as well as
the the two others that you've got failed to put in your application and
update, correct?
A: That is correct.
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with a fine-tooth comb. I didn't even realize the unlawful detainers fit
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within that. I didn't realize they were judgments. I don't recall ever you
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know.
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Mr. Coughlin: I knew I had been evicted but I didn't know legally
what that meant in terms of there had been I guess a judgment for an
unlawful detainer and that amounted to something that fit within this
application. So for those two matters that was more a case of me not
knowing quite what those amounted to.
Q: Did you ever ask anybody what those amounted to?
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detainer for default and payment of rent at 1255 Jones Street 132 Reno
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A: Yes. I still don't understand how there can be two separate ones
for this. I don't think you could stay two months for you know without
paying. Its one residence, how can there be two unlawful detainer
actions, I don't understand that.
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Q: As a today's date have you made any payments for the $720.
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A: Other than the damage deposit was kept in its entirety which
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that so other than that, no, but that would amount to a payment I
believe.
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of $720, have you ever made payment and that is if you look at it due
date of rent $595, total late charges applicable $50, due date of 3/1/06,
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A: I don't know how why they can go back and so you didn't pay a
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year ago.
Q: Mr. Coughlin, please, answer the question. The question is as a
today's date have you made any payments towards the $720.
A: I'm not sure. I'm not sure if the damage deposit is applied
towards that or not, other than that no, I have not.
Q: Now there was another court case which is represented in
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A: Well, I think it might have been for $5,000, the amount of over
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A: I'm not sure, is that the date the case went to trial?
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Q: No, actually that's the date that you filed the letter with Judge
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my case though I was not present on the date specified in the order
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were aware that there was a case filed against you in this matter?
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Ms. Kagan: Well, let's read it, Exhibit 1 which we went over
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you ever been a party to are you presently a party to any civil action or
A: Yes.
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Q: And you didn't update that section until February 15 th, 2007
correct.
A: Well as I mentioned before I referred to it on the phone with
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you.
Q: Do you have any documentation that effect?
A: I don't believe so.
Q: So, why didn't you update if you knew about it since March
2005 why did it take you approximately two years to update your
application to include that information.
A: I am not sure I think at some point I wasn't I didn't remember
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sure things like you know if you got arrested you need to report that
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but this is something a bit more tenuous in a bit further into the fine
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this and then I wasn't sure whether I had received the final
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adjudication in that matter and whether or not that meant I could still
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appeal it and therefore not fit within what's called for by the
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application. However as I read 11.2 it says have you ever been a party to
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so I think that would mean whether or not I had any appeal that was
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something that would have been needed to be reported and I don't think
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amount of time. I think that was a subsequent thing that was added to
applications where maybe the rule went on to say 30 days you need to
aware of that and I should have reported it and I while I did refer on
the telephone to you and say that there are some things I need to report
that was still pretty late in the game and pretty far out from when it
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Q: In fact you didn't report this until after the State Bar filed its
response setting forth this case correct?
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to discuss something other than the student loans under 13.5. do you
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owe any debts including students that are past due, you checked no
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past credit account balances. You see that's the part of it you checked
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no?
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A: That's correct.
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A: yes.
Q: Ok so let's look at the first one of argon agency for 470 dollars
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past due October 2006. So February 2007 is the first time you have you
notified the bar?
A: I believe so yes.
Q: Why didn't you notified them back in October 2006?
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Q: Would it be fair to say that let's see the next one AFI $148 past
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correct?
discussed earlier and don't understand how there could be two months
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A: Yes.
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A: Yes.
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longer outstanding but if it doesn't then yes I believe most if not all of
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Q: I'm on this exhibit at page 5 under Section 13.5 past due debts
you right I incurred debts in addition to the unlawful detainer actions
mentioned in section 11.2. Steps taken to address the debts, I've tried to
get my law licenses in California and Nevada so that I can repay these
debts and to work my program of recovery towards the same goal. Was
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A: Well getting hired is you know that's one thing, its been
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difficult to find work and for a time there I had gastritis so that made
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it difficult, and then there's this proceeding, which I don't know if you
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don't know if you can really appreciate the extent to which it kind of
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involves your life and I think it's illustrative to look at when I got
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involved with dealing with the LAP program working with them and
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up, while, I've tried to find work, I've also realized that this hearing is
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A: Hale Lane.
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Q: Correct me if I'm wrong but weren't you are let go from Hale
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Lane and you were advised that it was not a good fit?
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Lane.
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Judge McElroy: Okay, but the question is just were you let go,
she's not asking for details, so I am going to overrule.
Mr. Coughlin: Yeah as far as I understand that, I was let go as far
as I understand.
Q: Yet, you testified at your deposition that you were let go and
you were told it was not a good fit?
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A: Correct.
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situation where you know you could say well the LAP program is
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some instances-
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Kathy Crary from Zachary Coughlin and turn to page 3 of this letter
Zimmerman and Scully in light my recent arrest and hope this letter
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A: Yes.
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Mr. Coughlin: I'm not sure because I don't know exactly what
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my recent arrest and hope this letter complies with my duty to keep the
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Mr. Coughlin: In fact, I don't believe that was why they told me.
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license and the abeyance order that had been issued December 18 th,
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2002, which I didn't get it until after moving there and starting work I
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think was why they said well we need to let you go because you haven't
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a Nevada license.
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Q: So, they didn't let you go in light of your least recent arrest?
A: You would have to ask them that. Objection, hearsay.
Q: In your opinion, what was the reason for them letting you go?
Is it because you couldn't get your Nevada license?
A: My opinion is that I'm not sure why they let me go.
Q: Exhibit 15Mr. Coughlin: And even if they told me why they let you go, I still
wouldn't be sure why they let me go.
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Q: But you didn't put that your letter to the State Bar, I'm not sure
why they let me go, you said, you wrote in light of my recent arrest,
correct?
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A: I'm not going to say that thatQ: I'm asking for what you wrote in your letter.
A: You're asking me to agree with what your impression is of
what I wrote meant. That's different than asking me what I wrote.
Q: Mr. Coughlin, I asked you whether or not you informed the bar
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about the Nevada licensing at that time or whether you wrote in light
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of my recent arrest.
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A: I believe so.
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Ms. Kagan: So on the same day that you wrote the State Bar that
you were let go from that firm in light of your recent arrest you wrote
to the Nevada State Bar stating that you were let go because they
needed someone who was licensed in Nevada, correct?
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discipline, under this section have you been dropped suspended expelled
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academic performance and you check yes. If you have state the reasons
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fully below providing the name of the school the date and the reasons
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for discipline in the final disposition and you write I was fined $100 by
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A: True.
Q: Actually the conduct took place on October 11th 2001, correct?
A: So, yes I did write that and you are saying the incident took
place on October 11th, 2001? I don't know I'm not sure.
Q: Ok let's look at on exhibit 58 page five and this is a letter or a
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A: Yes.
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Zachary Coughlin.
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A: Yes I do.
Q: Is that the hundred dollars that you paid for the computer
incident?
A: yes it is.
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Judge McElroy: So, Exhibit 58 pages five and seven are admitted.
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student use we have two computer labs with over 30 computer stations
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purpose?
A: I don't believe.
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Q: Did you ask anyone whether or not you can use it for that
purpose.
A: I don't think so. This was like six o'clock or so I think like on a
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it.
Q: What about the fact that your letterhead is at the top of the
letter.
A: Well I don't know that that you know means it's definitely
mine if it's that were the case anybody who put my letterhead atop of a
letter could write any letter they wanted and and say it was mine.
Q: Let's talk about March 19 2003 at that and that date did you
live at 1044 West first street Reno Nevada 89503.
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A: I think so and I'm the first page of that exhibit it's entitled
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the letter you referring to the same date as the title page 3/19/03.
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A: That's correct.
Q: That's represented by Exhibit 67 page five Superior Court of
California County of Sacramento minute order header preceding case
number 03t00937 correct?
A: Correct.
correct?
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A: That's correct.
Q: On March 11 2003 you were ordered by a court to attend
Alcoholics Anonymous meetings correct?
Q: Yet, in your March 19, 2003 update to the California State Bar
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A: Yes.
Q: And is your March 19, 2003 letter to Ms. Crary a response to this
letter?
A: The one that had the police report that says that I had to go to
AA meetings, that one?
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Q: No, no, no, I am talking about the March 19, 2003 letter.
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Mr. Coughlin: That the police report was included with? Wasn't
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Ms. Kagan: Well, exactly let's see what was included in the letter-
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Mr. Coughlin: To the extent that that that fits within a referral
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forth here.
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Ms. Kagan: Actually, umMr. Coughlin: See, I don't know that going to AA meetings are
tantamount to being enrolled in a program.
Q: Did you understand what she was asking me to provide Mr.
Coughlin, Ms. Crary in her letter that's exhibit 20?
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correct?
A: Yes, in addition to this police report that lists these AA
meetings that it says I need to attend, so to go back to your earlier
question-at
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meetings?
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spell that out I don't see that. A certified copy of the Minute Order is
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Q: Mr. Coughlin isn't it true that you told the Committee at the
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A: No.
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A: Well other than where it's referencing the Minute Order and
what's included in that Minute Order, no I don't believe so. But, I would
say that goes to highlight what I consider to be a rather rudimentary
understanding of alcoholism and AA on your part and that would be
that it seems that you feel that the minute someone goes to an AA they
informal conference in July 8th, 2004, on that date you made the
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A: I believe so.
Q: Yet, you don't include that language in this letter did you? This
language this letter that is exhibit 2 page 2.
A: You can start going and not really feel you belong there. You
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can start going and not really be on board with it. You can just be
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going to see what you think about it, you know, and then, after the fact,
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say well okay I've been going, I wasn't drinking, so yeah, I guess I didn't
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really know at the time you know, but now that I look back on it, yeah
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anybody in the history of recovery has just one day been like, oh, this is
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relationship with alcohol and/or drugs. This should include when you
started drinking and using drugs at what age and where and outline
2003, correct? And yet nowhere in Exhibit 2 do you mention that you
A: Well, actually if I'm giving you this in the police report that
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says I have the attend meetings, then I guess that would mean that,
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Q: Where in the police report does it say that you've been a sober
member of Alcoholics Anonymous since January 1st, 2002?
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Q: Where in the police report does it say that you have attended
Alcoholics Anonymous meetings in the past?
A: Where it says part of the condition for this dry reckless to go to
these meetings?
Q: I am talking about in the past before you were ordered to go.
A: I don't know why a police report would talk about that. I don't
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know why you are asking that question as if there's a duty to say if
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being said here the precedents, then let's really say that so that nobody
ever goes to an AA meeting again, let's just get that out of the way,
right, Susan, and then where do we go with that, you know? Judge
out that I was not under the influence of any drug when I was pulled
over for having my seat belt unfastened, I must admit that I had
statement?
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A: I believe so.
Q: Are you aware that the toxicology report found that you tested
positive for THC.
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A: I believe so.
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Q: And yet when you were asked that same question regarding-
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positive.
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never been more than a social drinker. Was that a true statement at
statement. It's like telling someone you love them. Do you know
something you have just kind of a gut feeling? You know? So if you're
asking me, is that true or not, I'm telling you that that seems to
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Q: So, let's talk about your DUI arrest. You were arrested on
January 23rd, 2003 in Sacramento, California correct?
Mr. Coughlin: You are referring to my conviction for dry reckless
driving?
Ms. Kagan: I am talking about your arrest for DUI on January
23rd, 2003.
Mr. Coughlin: Okay, the one that was a dry reckless?
Q: You were arrested for DUI, is that not true Mr. Coughlin?
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A: I think so I think.
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influence of any on drugs or alcohol the time you were arrested, Mr.
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Coughlin?
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A: No. When you say under the influence of drugs, does that
include a prescription?
Judge McElroy: The question was illegal drugs.
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Mr. Coughlin: In fact true? I don't know what you mean by that.
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A: Yes.
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Q: But the officer had the opinion that you failed the field
sobriety tests, correct?
A: I can't speak for the officer, that would be hearsay.
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Q: Did you have bloodshot, watery eyes at the time of your arrest?
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Q: And it's in your letter of Exhibit 2 page 2, March 2003 you state:
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arrest. I often wore the same sweater I was wearing the night I was
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thoracic and cervical pain would be unusually bad. This would help me
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sleep and ease the pain. Since starting a chiropractic and physical
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Were those statements true at the time that you made them?
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A: I believe so.
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Q: Have you ever kept pot in your residence since January 2003.
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Mr. Coughlin: This evidence you speak of, has it been propounded?
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Judge McElroy: Okay, why don't you ask the question, see what
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the answer is, I'm going to overrule the objection at this point.
Q: Have you had any, I believe I used the word paraphernalia, I'm
not sure at your residence, for smoking pot since January 2003?
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movie theater I had entered the movie theater without paying, I have
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no excuse for doing so, I was approached by two usher's at the movie
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theater and asked to join them in the hallway, whereupon I left the
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perplexed as to why they reacted so and ran. The ushers chased me for
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nearly 1-mile. I was later told by the movie theater usher's that they
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who had committed a series of infractions at the theater and that they
face was shown to the victims of the series of infractions, the victims
indicated that I was definitely not the person who committed the
In the middle of the chase I ran into an area where several police
stopped running as soon as the adrenaline and the fear I felt from being
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A: I believe so.
Q: Was that statement true?
Mr. Coughlin: Every aspect of it are you referring to anything in
particular?
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A: I believe so.
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this but the application as I read it wouldn't even, and I believe this
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something more beyond what the application calls for me to report, you
know, and yet you you're saying I don't have candor. So here I am, I'm
reporting something that, an arrest that all charges were dropped that
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question was why did he run away from the ushers. I asked whether or
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Ms. Kagan: Isn't it true that the police officers actually yelled for
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adrenaline and fear I felt from being chased by two large men yelling
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A: Yes.
Q: Isn't it true that you were actually tackled by one of the police
officers.
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A: That's correct.
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didn't it.
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dishonesty did not occur... spoke with several students remember seeing
you have the paper in class that day. I don't know because from what
and then it was my understanding that they were alleging some sort of
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academic dishonesty. I wasn't sure that they were saying that the
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more to the computer thing but I don't know. I mean? I'm sorry, your
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question? To me, its like saying we're finding that you didn't do
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anything and if you do that again, then you're in trouble. It's like:
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what? I don't get it, you know? You didn't do anything but don't do it
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again?
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Q: Do you agree that the sentence says you are to consider this a
formal letter of warning, Mr. Coughlin?
A: Well, see I don't know what that's referring to. If that's
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referring to this moving the computer thing or? In which case that's in
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that he quotes section 5 up here with the P and Q but above that he says
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A: I believe I did.
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informal basis you have 10 working days after receipt of this informal
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formal hearing. Did you ever request in writing that your case be
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A: I can't remember. It's possible I might have spoken with the Mr.
Burns about it but that's quite a while ago.
Q: Okay, going back to Exhibit 2, Page 2 down about five sentences
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indicating the they had, in fact, seen me turn in this paper? Was that a
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and it says: I've spoken with classmates from the class in question.
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That is classmates: And they do remember seeing you have the paper
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signed affidavits indicating that they had in fact seen me turn the
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A: Yeah.
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in?
A: I remember arranging for several students to have affidavits
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signed, but I think there was something where a guy named Mike
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Destefano, was going to sign one but I think there was something where
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given the tone of his letter which mentions informality several times, I
don't know how that really fits in with your contention which I as I
informally telling you well we didn't find you guilty of the academic
wrongdoing, you know. I guess you can twist it around however you
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you and Mr. Professor Tratos that is found in exhibit 5 to the State Bar
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did you?
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investigation into the computer to the State Bar of California, did you?
A: Well in my application I referenced it right?
Q: But you didn't provide any letters regarding that did you?
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Q: Mr. Coughlin, what was the basis for the academic dishonesty
investigation.
A: I don't think I'm capable of answering that.
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Q: Why not?
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A: That's their place to say what it's for. I would be guessing. I was
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Q: Did you take a cyber law class taught by Professor Mark Tratos
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was worth.
A: Yes.
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A: Yes.
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correct?
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A: I'm not sure about that I've heard conflicting reports on that
very.
Q: You heard conflicting reports whether or not Mr. Professor
Tratos wanted a disk?
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A: Yes.
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saying that he wanted to post the papers on the class's website in which
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Q: You didn't turn in a digital copy of your paper did you Mr.
Coughlin.
A: No.
A: No, I wrote atop my hard copy that I wasn't turning and disk
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website.
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Q: You didn't put your name on your paper either did you?
A: I put my social security number on my paper because that had
been to practice in every course, it had been blind grading in every
other course I took in law school and this particular course was taught
by and adjunct who had an employee in the class and I somewhat
naively thought well we'll still be having blind grading particularly
where there is an employee in the class and I took care to put my social
security number atop of paper and a note saying I wasn't turning in the
the disk copy because I didn't wish to be put on the classes website.
Q: Before you did that though do you get a permission from your
professor to do so?
A: I don't believe so. I wrote it on top of the paper and turned it in
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on the podium that he taught at, but in terms of did I get explicit
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Q: The question was did he before submitting his paper saying he's
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Q: Yet he did email you, turn to exhibit 5 page 8, he did email you:
Zach, please send me another copy of your paper many thanks Mark G.
Tratos correct?
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that implies he got one in the first place which I just don't understand
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you know? And in fact, this happened with another student because it
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was another student Jessica Wolfe in this course who he had said
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meantime and I had also move residences and I just simply wasn't able
Q: At some point did you come to find out that Professor Tratos
final draft.
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September 2001 did you find out that Professor Tratos could not give
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you a grade in the class because he did not have your final paper?
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Q: As of September?
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A: I believe so, yeah, because he wrote me like on, the paper was
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copy of your paper like on September 7th and then I wrote him back
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saying all I have is this rough draft you want me to turn in and he
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writes me back saying yes turn it in and this is right around September
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11th, 2001 so just to give you some context, but anyway so I turned that
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in it's like I don't hear anything from him for awhile and the next
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thing I hear which I believe was in October was we're starting this
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students who will say that they saw you turn it in we're not going to
look at that we're just going to start this full-scale academic fraud
investigation which by the way you need to report to any State Bar you
subsequently applied to and that was the next thing I heard from Mr.
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Q: Does exhibit five contain all the emails between yourself and
Professor Tratos regarding the paper?
A: I don't know.
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that your email to Professor Tratos five page one yeah and in that
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email you write that you can't find a copy of the paper because your
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posting and a reason being that I was taking the bar exam in a week
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and that my paper had been really up to the quality I would want it to
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be to be posted online.
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for the kind words we have no papers that were turned in without a
student name on them at least of which we are aware. Perhaps you can
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help us out by providing us with some more clues what was the topic?
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What was the paper's title? What was the total number of pages?
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Where did you do the paper? Do you have an e-copy? Is on your laptop?
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A: Yes.
Q: And what was your understanding of what Professor Tratos
was telling you in this email?
A: I was so confused because originally he goes we need another
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copy of your paper and then now it's like well we didn't ever get that
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understand-
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in. Whether someone came in, you know, a fairy came in and flew away
with that I don't know but I know I turned the paper in.
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Q: And then you wrote back to Professor Tratos its page 3 exhibit
five September 7, 2001. Is that your email to Professor Tratos?
A: Yeah.
Q: And in it you describe the name of the paper and then you
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request whether or not the paper is worth fifteen percent or you can
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Q: So, would you agree that the paper is worth forty percent of
your grade.
A: I don't know, you know, I'm sure it's worth whatever he wanted
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know the rest of the class was about whether it was worth fifteen or 40
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percent. And there was two people teaching this class to you know they
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A: Yeah.
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Q: And at this point you were unable to find a copy of the final
paper that you submitted correct?
A: This is a long time ago but yeah I think that's the case.
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paper not be added to the firm classes website I could think of no other
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wrote that?
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A: Yeah.
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Q: So did you believe that a digital copy was not necessary to turn
in.
A: Like I mentioned earlier there was confusion amongst my peers
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in the class as to whether or not additional copy was was even being
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that you always have to find fault and everything make everything a
prudent for all students to keep copies of all assignments that are to be
present such a copy that I've been asked to sometime sooner than a full
four days after grades were to be posted. So what was the purpose of
that statement?
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1. Transcript of 5/9/07:
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Judge McElroy: Today is May 9th, 2007 and we're in the matter of
Ms. Kagan: Your Honor well I would request that we can take
some witnesses out of order. I have witnesses lined up since 9:30 this
morning when we were supposed to start trial and a few of them are
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work you lunch today since we have such a short amount of time and I
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Mr. Coughlin: Maybe if you just go with the stuff you have that is
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important and some substance to it not every little thing that you
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found.
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Ms. Kagan: thank you Your Honor okay and also one more point
have maybe an hour scheduled at another time for him to testify about
his report.
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interview with him for three hours. Have you looked at his report?
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have him come back in person rather than just do it the way you want
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Ms. Kagan: I see. Your Honor, if Mr. Coughlin does not agree to
accept testimony by phone, that's fine. I would request that we have an
extra hour set aside to resume this trial at a later date.
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you'd have to come back for that, and I'll leave it up to him, but you
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Ms. Kagan: Your Honor ,the State Bar calls on Officer Jeff George
to the stand.
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person sitting back there is someone from the State Bar, so I just want
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Judge McElroy: Because he's from the State Bar. I presume that
he's watching the proceedings.
Mr. Coughlin: But he's not affiliated with the State Bar Court?
Judge McElroy: No, he's not affiliated with the State Bar court.
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He's from the State Bar's office, the Office of Trial Counsel.
Mr. Coughlin: Okay.
Judge McElroy: So what I'm saying is that he can sit in the
healing.
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State Bar.
Mr. Coughlin: Okay, so anybody who works in the State Bar...
Judge McElroy: Anyone who works in the chief trial counsel's
office can sit in, other witnesses can't or other people from the public,
it's not open to the public.
(The oath was administered to Officer Jeff George.)
By Ms. Kagan:
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Ms. Kagan: Good morning Officer George, can you please state
your current employment.
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Ms. Kagan: How long have you been in that position I've been
employed by highway patrol for 16 and a half years and I've been
assigned to the north Sacramento station for 11 years.
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Ms. Kagan: And as part of your job do you have to make arrests?
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A: I do.
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Ms. Kagan: Have you ever made any arrests for DUI and how
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A: I do.
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A: I do.
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skills to use and did hands on evaluations of persons that were under
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arrest and also when I saw him today I remember him also.
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Ms. Kagan: Can you turn to exhibit 69 pleased that's in the binder
that's in front of you. Do you recognize it at 69?
A: Yes, The first page of the exhibit mark number 69 is the arrest
report commonly referred to as the booking sheet for the Sacramento
County Jail. On the next page would be the probable cause declaration
which is also a Sacramento County Jail form.
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Bar it deals with convictions and we're talking about an arrest right
reported, right? If you had a conviction, you report the conviction and
goes to what's reported, it goes to the issue of your whether you were
candid.
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reported, that shows, that might show candor depends on what you say
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about what you reported which is I'm assuming at this point, it might
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be the State Bar is presenting evidence that what you reported wasn't
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candid.
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Mr. Coughlin: Okay, so would one be better off not reporting this
arrest at all?
Judge McElroy: That is not an objection, so I'm going to overrule
the objection.
Ms. Kagan: sorry Officer George, can you continue to page 3 of
exhibit 16.
A: Page three would be referred to as a CHP 202 which is driving
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A: It was.
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Ms. Kagan: Did you prepare exhibit 69 pages one through nine?
A: Yes, there are actually two separate reports, pages one through
four would be the driving under the influence arrest report, then there
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Mr. Coughlin: I'm sorry I'm not sure I understand Your Honor.
Judge McElroy: It is an arrest that led to a conviction for a dry
reckless. Convictions are your duty, you have to report convictions.
Mr. Coughlin: Right, but does that mean you have to report the
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charges that you were arrested for if those weren't didn't lead to
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conviction.
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that the grounds that I don't believe this is something that can be
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authenticated.
Judge McElroy: It is overruled, it's admitted.
Ms. Kagan: Officer, did you have a chance to review this report
before testifying today.
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A: I have.
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A: They are.
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Ms. Kagan: And, can you describe how the arrest took place?
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Cottage Way without his seat belt on. I made a traffic stop and
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was stopped and during the conversation with Mr. Coughlin and I
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A: I noticed that his eyes were red and watery. I could smell a
strong odor of freshly burnt marijuana inside his vehicle, when I had
him to step out of his vehicle he was unsteady on his feet. I could smell
the odor of the freshly burnt marijuana about his person, his hair, his
pupils were dilated for the lighting conditions and slow to react to light
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Ms. Kagan: When you asked Mr. Coughlin to perform those tests,
what tests did you ask him to perform?
A: A Romberg test.
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heels and toes touching his arms down at his side, to tip his head back
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initially, he did tip his head back, he did keep his arms down at his
sides. He swayed with a variance of about three inches and during the
30 seconds, slowly, slowly lowered his head instead of keeping his head
back.
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Ms. Kagan: So would you say that he passed that test or failed?
A: They were not really pass or fail. They're designed it to check
for divided attention impairment. I would say that he did not perform
that test sufficiently.
Ms. Kagan: What other tests did you ask Mr. Coughlin to
perform?
A: A standing on one foot test. That test consists of having Mr.
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Coughlin from a position that he was previously in, put his feet
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together, heels and toes touching, and raise one foot approximately six
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inches from the ground, keeping his toe pointed forward, arms down at
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his sides. He was instructed to look at his foot and count aloud from
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1001 to 1030.
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having one hand held up, palm open using the thumb as a pointer
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touching it to the tips of the fingers starting with the pinky and
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counting each finger aloud with thumb to pinky being one, the next
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finger being two, three, four, then an open hand is five, then in a
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reverse order open hand again is five, four, three, two, and one.
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where he was given some additional tests as part of the procedure for
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this is?
Judge McElroy: That is not an objection. What you need to do this
cross-examine if you have problems with it. It is overruled.
Q: Officer, what tests were given at that later time?
A: Again, he was given a Romberg test, he was given a walking
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heel to toe test, a standing on one foot, and a finger to nose test
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performance.
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A: I have.
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There's a test that we do as part of the eye evaluation, it's called a lack
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see that lack of convergence meaning that their eyes won't cross, one
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eye will generally kick-out, and that was present in this case. One part
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of the eye evaluation requires that you be taken into a dark room to
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allow his eyes adjust to the darkness and under different stages a light
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not under the influence, their eyes would react one way. His eyes
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we check would be we look in someone's mouth and pull the lower lip
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down and look for debris in in their gums or teeth, stick out their
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use and that would be indicated by the green that's in the marijuana
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comes out and stains the tongue when people smoke it, so we checked
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the tongue and in this case his tongue was coated with a great pastry
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film.
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that you wouldn't necessarily see the indicators that he displayed to me.
So, if I had to put a time estimate, I would say for sure within 24 hours
and more than likely within four hours of the time of the arrest.
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impairment are only going to last about four hours from the time you
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use, so if you had smoked a week prior he may come back positive for
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impairment.
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impairment at the time that you arrested him on January 23 rd, 2003?
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A: Most definitely.
Q: I have no further questions Your Honor.
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By Mr. Coughlin:
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By Mr. Coughlin:
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A: I did not.
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Q: Can you describe what and how much college, what sort of
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those...
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By Mr. Coughlin:
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some four thousand others, where would that fall, where would that
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A: 16.
Q: Okay, where's that fall? Are you are you like a hall-of-fame or
are you like?
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different.
Mr. Coughlin: Yes, Your Honor. What if one officer made twenty
thousand arrests and another officer made five hundred?
Judge McElroy: You are not to ask the court questions you're
supposed to proceed as an attorney.
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Judge McElroy: Okay, and what I'm saying is the objection should
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Mr. Coughlin: Okay and her objection was relevancy and I'm
explaining why it should not be sustained...
Judge McElroy: And I have sustained it, so you need to ask the
next question.
Mr. Coughlin: So I don't get an opportunity to...
Judge McElroy: you need to ask the next question, let's ask the
next question.
By Mr. Coughlin:
Q: okay so is that is that high number of arrests for DUI? Where
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George you certainly went into a lot of detail and got to speak on pretty
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much whatever it is Miss Kagan asked you about so we got a good idea
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us to know.
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A Yes.
Q: Okay, but she didn't contribute to this report. What was her
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A: Correct.
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Q: That would be after you pulled me over while we're still on the
side of the road.
A: Again, you're gonna have to narrow it down. At which point?
Q: Any point?
A: Yes, after you were arrested, I explained to you the implied
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Q: You didn't?
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A: No.
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Mr. Coughlin: So you never? Why didn't you? You're saying you
pulled someone over on suspicion of DUI and yet you didn't ask them to
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A: Well, that's actually incorrect. What I pulled you over for was
non-use of seat belt.
Mr. Coughlin: Okay, that was the pretext you pulled me over to go
ahead.
Ms. Kagan: Objection to the word pretext.
Judge McElroy: I'm going to sustain the objection, let's ask a legal
question.
Q: Okay, and he was answering.
Judge McElroy: No. What's your question?
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a field sobriety blow test in the field? And you were going into why you
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Q: Yeah.
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influence of alcohol and that's what that test would check for.
Q: Okay, do you recall saying to me after I asked you why you
wanted me to take a blow test saying you can do it or you cannot do it
but if you refuse to take this blow tests I'll just arrest you and then you
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A: No.
Q: Do you recall yourself and myself having a discussion about
the legal merits of asking someone to take a blow test when you have no
reason to believe they've had a drink that night?
A: No.
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Judge McElroy: You're gonna have to let him finish his answers.
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when you were asked questions and you wanted to explain I always
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yes or no answer.
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Q: I asked why whether or not you you asked for a blow test and
then I asked you if you remember the legal kind of discussion we had
about why. I was asking you do you have a right to make me take a
don't smell alcohol and all you have is you pulled me over for a seat
belt and then you got mad that I would challenge your authority.
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Judge McElroy: Why don't you ask him the question, not ask.
What is your question?
Mr. Coughlin: I'm asking him explain why he was just saying
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what he was saying about I didn't have you take one in the field
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because you and I were having a conversation about the the merits of
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A: No.
Q: Did we discuss taking a blow test in the field and did you get
upset once I...
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Q: Did you discuss taking a blow test in the field with me?
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A: No.
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describing-
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obviously we're talking, right? We were talking about law stuff and
you were saying: you're a law student you think you can tell me what
I-
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was that you told me that you were in law school and that there was no
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way you were going to get a DUI when you had not been drinking and I
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A: And, again, as I stated earlier, this all took place after you had
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Q: Or at the station?
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questions, okay?
Q: Okay. So, in the field, we didn't talk about a breath test in the
field? That never came up?
A: Okay, again, I didn't offer you a breath test in the field because
at no time did I suspect you were under the influence of alcohol and
that is what that test checks for.
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refuse.
Q: Right. Okay. And would that be noted in your report?
A: If you were given a breath test? Yes.
Q: And if I wasn't given a breath test? Wouldn't that be standard
for a DUI to test for a breath test?
A: No.
Q: It wouldn't be?
A: Are you asking me the same question? Yeah, the answer is still
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Q: Yeah, can you explain that to me? You're arresting someone for
DUI but you don't give them blow test, whatever-you-call-it, a breath
test?
A: I'm not sure that you have a comprehension of how this works.
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Again at no time during my contact with you did I suspect that you
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were under the influence of alcohol. That is why you were not offered
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A: I did.
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Q: Why?
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Q: Okay.
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this applies in your case you were not offered that test because I at no
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A: Correct.
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A: Correct, because it's one of the process, it's part of the process for
the drug evaluation. I knew that you were going to come back zero. You
were not suspected of being under the influence of alcohol. That's part
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A: No.
Q: We didn't discuss that you knew I was going to come back zero
for alcohol?
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A: No.
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into this, because it's my belief that Officer George got upset with me
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for taking issue with his wanting to do a breath test for me when I
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knew that I-
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Q: Okay on the finger count test, can you describe again how how I
failed that test?
A: Yes, you counted one through five and then one through five
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A: I did.
Q: Because I don't see that. Can you explain that to me where that
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is?
A: Sure, okay, page three of the arrest for driving under the
influence arrest report line 9 says finger count the subject counted
12345 12345 on all three repetitions.
Q: I'm sorry I'm having trouble finding this is on exhibit 69?
A: Correct?
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A: Page three of the CHP 202 driving under the influence arrest
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report.
Q: Can you go by the bates stamps that are at the bottom? Oh,
okay, I see what you're saying.
Judge McElroy: What is your next question.
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A: I'm sorry?
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I'm wondering how I would be able to stand up? Because it sounds like
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Q: Able to function somewhat but failed every test you gave them
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type thing?
A: Well, again the tests check for divided attention impairment,
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they are not pass or fail. Divided attention impairment is the ability to
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Q: But you were giving me a pass or fail, weren't you? You weren't
saying in shades of gray, you were saying he didn't perform it
satisfactory, did not perform as he was supposed. That was your
testimony again and again, it was either a pass/fail, it's not shade of
grey according to you?
A: No, actually my testimony was that you didn't perform them
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explained.
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always described it as it was a question of, as I saw it, gray, and you
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Mr. Coughlin: So it's once you don't do it grey, then it becomes pass
or fail?
Judge McElroy: His characterization is not pass fail, his
characterization is not performing sufficiently.
Mr. Coughlin: And if you don't perform sufficiently that's noted?
Judge McElroy: And it was noted, okay, so lets go to the next
question.
Mr. Coughlin: To what degree, though, is it noted? If you fell flat
on your face is that distinguished from swaying two inches?
Judge McElroy: Mr. Coughlin.
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A: It would be.
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Mr. Coughlin: We are able to look at what he's doing here and see
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if he's just an officer who is kind of a rogue prosecutor like in the Duke
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case, or what?
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A: I did.
A: I did.
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Mr. Coughlin: Couldn't that go into whether or not you could tell
if someoneJudge McElroy: You are the one that is on trial here, not the
officer, okay, so you need to ask a question.
Mr. Coughlin: If he is scared to answer that or if he is afraid of
looking like a hypocriteJudge McElroy: I made my ruling on the case, on the question so
let's move on, let's move on. The questions need to be relevant to this
hearing.
Q: At any time throughout the arrest, particularly when first
pulled over, would you say I was argumentative? How would you
describe our interaction on a human level.
A: Similar to your behavior today, I would consider you somewhat
argumentative, passive-aggressive maybe.
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A: Sure, like for example when I asked you where were are you
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A: I do.
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Q: And you can't remember whether you were driving or not that
night?
Ms. Kagan: Objection that wasn't even a question posed, Your
Honor.
Mr. Coughlin: He did say he couldn't remember whether he was
the one driving or not.
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Mr. Coughlin: I don't know how in the hell a guy can get up there
and says an expert on something if he doesn't even have to answer
whether he's ever been around it.
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A: Yes.
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Q: Can you describe that? When was that? A part of the training
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Mr. Coughlin: Why are we even getting into this? And, if if there's
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marijuana.
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had?
A: I did ask you if you had a physical defect, yes.
Q: And can you tell me what I answered?
A: You had chronic back pain and you were taking prescription
Lortab.
Q: Okay, now generally do you have people with chronic back and
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neck pain stand back and look at the sky and have them count to thirty,
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A: Well, first off, I believe my answer was that you said you had
chronic back pain so I don't think we've established that you had neck
pain also, and yes, that is a standard field sobriety test that is given.
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Q: Would you give that to someone who had one of those halos on
their head like one of those-
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Judge McElroy: I'm gonna not allow any more questions in this
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this area. I don't think it's relevant. What's the next question?
Q: Do you have some sort of performance incentive for the number
of DUI's you give, is there a quota?
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there a quota? No, there is not. They actually let us arrest as many
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Q: Do you give more arrests than your average officer for DUI?
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are going to take a brief recess at this point and I will talk to you. You
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Q: Officer George, can you tell me in your report bate stamp page
8 it says he had an altered sense of time this is on the Romberg and
altered sense of time estimated 30 seconds in 33 seconds. Can you tell
me what would be not qualified as an altered sense of time? Would
that be 30 seconds in 30 seconds.
A: Yes.
Q: So, somebody who who can close their eyes and without the aid
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of any mechanical device or watch, who can just count and know
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exactly how a long second is and hit it within say a tenth of a second
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Q: But we're not talking about that we're talking about this one
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part.
A: No, actually we are.
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question now?
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that.
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A: Okay you're not referring to the second test, which would be the
walk and turn test you're, referring to still the Romberg test?
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Q: Yes.
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Q: Yes.
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A: They're not pass or fail tests, I can't give you an answer for
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that.
Q: Okay, well what would not qualify as having an altered sense
of time, because that's that's the buzz words you're using in this
particular- I know you use a lot of buzz words, what will work, what
won't work, stuff like that.
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be 30 seconds, however, that's not what this test is based on. It's not
based solely on the seconds, which is what you seem to be hung up on.
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something where someone would perform this test and you would not
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as?
Ms. Kagan: Objection, relevancy.
Judge McElroy: I am gonna overrule it. You want to ask the 31
seconds.
A: Again, you would, based on the totality if you swayed it would
say the you swayed and how many inches.
Q: We are not talking about swayed, Officer George.
Judge McElroy: Please, do not argue with the witness, his answer
is answer. Move on to the next question.
Mr. Coughlin: Did we even discuss seconds because he just
discussed swayed?
Judge McElroy: Mr. Coughlin, I am going to not allow you to ask
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any more questions if you cannot act like a lawyer and ask the question,
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a proper question.
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Q: If I took 31 and a half seconds can you tell me what would wind
up in your report?
A: Objection, relevancy.
Judge McElroy: I'm going to go ahead and let him ask that
question and that's the last question in this area.
A: Well the report would say the number of seconds that you
estimated 30 seconds in be it 29, 28, 30, 31, 31.
Judge McElroy: What's the next question?
Q: But in this report, he put it into the context of a sentence that
said he had an altered sense of timing estimating blah, blah, blah, so
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the test works. Whether or not your time estimation is off, the test
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your head back and estimating 30 seconds. What I'm looking for is
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A: Well, let's see, I received a master award for shooting I've been
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expertise and taking drug and alcohol impaired drivers off the road.
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A: Correct.
A: No, it's actually not Officer of the Year, that would be separate
and I have not received Officer of the Year, if that is what you're asking
me.
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A: Correct.
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times?
A: I don't know if I can answer typical. There are several officers
that have been recognized more and there are several officers that have
been recognized less.
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A: No, for example this year there are 10 people from my station
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A: Correct.
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Q: And how many people are in your station that are eligible for
the award?
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Q: You have been an officer for 16 years, what have you been
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CHP Office.
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Q: Now I notice when you say I swayed, and this is on your report
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from center, if someone who is 5 feet tall sways two inches is that
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Q: Oh, is it?
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what would be, someone who is clearly not intoxicated, how would they
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sway?
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something that would fit in the range of this person is not getting
arrested for DUI imperfect?
Judge McElroy: I am going to allow one more question in this area
and no more questions in the swaying area
A: Again, it's based on the totality it's not based on just that test
which is why I give more than one.
Q: I'm sorry, Your Honor, he keeps doing that, he keeps going: its
the totality, he doesn't answer my question.
Judge McElroy: He doesn't give you the answer you want, so let's
move on to the next question.
Mr. Coughlin: Well any answer he's ever given has been totality,
totalityJudge McElroy: And that's the way it is, what's the next question?
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Mr. Coughlin: You can't say because your whole thing is just
baloney.
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A: I can give you a brief description that may or may not make
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sense to you. Have you ever seen someone walk with flippers on, like
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A: Like that.
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A. Sure.
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Q: Floppy feet?
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Q: Objection, relevancy.
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question.
A: Are you asking me if that's a personality trait?
Q: Yeah.
A: I don't know you well enough to form that opinion, so I couldn't
answer that.
Q: Okay, but it made it in your police report under whether or not
I had been drinking or driving, right?
Ms. Kagan: Objection, misstates what is in the police report.
Judge McElroy: Sustained.
Q: I'm asking him what was in it. She asked me what was in the
police reports over an over yesterday.
Judge McElroy: I sustained the objection. What's the next
question?
Q: So was it that floppy feet are indicative of someone having been
impaired?
Ms. Kagan: Objection. Oh, strike that.
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A: It can be.
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Q: Okay, well, let's speed this up. Let's boil this down for me what
you are looking for. What's your top 5 hit list of why you think I was
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could give the court what made you think that he was under the
dilated pupils that were slow to react to light stimulus, green coating
on the tongue, odor of freshly burnt marijuana about your person and
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Q: That's five.
A: That's what you asked for, right?
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A: Okay.
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question for a reason. The first one, I believe, was he said my physical
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characteristics?
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A: Physical indicators.
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computer for 10 hours a day, would that give you read or watery eyes:
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Q: Okay but there's a lot, I mean, how many allergies can give you
red or watery eyes?
Judge McElroy: What is the next question.
Q: So, point one, is something that could be a lot of things, right?
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A: No.
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Q: It doesn't? Opiates don't dilate your eyes? And your are a drug
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A: Correct.
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Q: Okay so point one was we had red watery eyes, point two was
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Judge McElroy: You don't need to summarize the answer, you need
to ask the next question?
Q: Okay, point three is my question. Can you elucidate what
point three was?
A: Refresh me.
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I don't know. I'm gonna say was the floppy feet thing, which could be
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kinda like a personality thing maybe one of these hip hop people who
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walk around with the floppy feet and their attitude like that.
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Q: Are all five of these things you said, could they all be described
by things other than intoxication? Could they be caused by things
intoxication?
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Q: But not from where you are sitting? Red eyes can't be caused
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Judge McElroy: You are being argumentative, let him explain his
answer.
A: Red eyes can be caused by a lot of things. Again, based on
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Q: So all five of these thingsJudge McElroy: Okay, I am not allowing any more questions in
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this area, this is, it's over with in terms of this area. So do you have any
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of redirect?
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A: I am.
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A: A couple of years.
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A: About 22 years.
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Q: And how long have you been teaching those courses for UNLV.
A: I believe since the second year that UNLV was open I began
teaching there. I've also taught at Arizona State and I'm on the Boards
aAngeles and I am the vice chairman of the board of visitors for the
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Q: You said that you had been teaching at UNLV law school since
the second year it opened?
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that course.
A: Yes, he was a bright student in the classroom. I think that we
had a difficulty I think at the end of the class with a missing paper.
Q: I'd like to discuss the missing paper. Can you explain to me
what was the paper, was it an assignment that you gave?
A: It was part of the class grade, it accounted for forty percent of
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the class grade and it was part of the way that we got people to
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Q: Do you recall when that paper was due for that class?
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electronically as well.
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series of discussions about that fact that I had neither the paper copy
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nor the electronic copy and I couldn't give him a grade until I had the
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Q: Did you ever have Mr. Coughlin's paper in your possession that
you know of?
A: Well, I subsequently think September-October I got a six or
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seven page paper from him which I don't think he represented as being
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Q: But did you ever have his the final paper that he turned in, not
the draft, in your possession?
A: Not that I am aware of, ever.
Q: When did you realize that you didn't have that paper?
A: I think I realized that I didn't have it when I was grading the
remainder of the papers. I had graded papers, it was not one of the
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Q: Was there any other papers that you didn't receive from
students in that class?
A: No, that was the only paper I didn't receive.
Q: Professor Tratos, I'd like you to turn to Exhibit Five in the
binder. Do you recognize Exhibit Five?
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Q: Is this the first contact that you had with Mr. Coughlin
regarding the paper that you recall?
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email?
A: Well, sure he indicated to us he had prepared it. We take our
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one.
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Q: Now, Professor, at some point did you alert the law school Dean
about Mr. Coughlin's behavior in this, regarding the paper?
Mr. Coughlin: Your Honor, I'm sorry-
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Mr. Coughlin: I'm sorry Your Honor I'm having some bladder
problem.
Judge McElroy: I understand. Why don't we take a five-minute
break.
Judge McElroy: The record resuming with this direct of Mr.
Tratos.
did you refer this matter with Mr. Coughlin to the Dean of the law
school?
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his laptop, so I offered to pay for having his hard. As an internet and
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things and so we offered to help him retrieve the paper if that would
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A: When you just testified about things getting agitated, can you
go into a little more detail about that.
Q: Well, I understood that I had a student that was frustrated
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that he was not getting a grade because I was not giving him a grade,
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and I appreciated his concern about that, at the same time I needed to
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have the paper so that I can grade it. Because he hadn't sent me an
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electronic version and I didn't have a paper version of the paper I had
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least examine it. When he was unable to produce that then it made me
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concerned as to whether or not the paper had in fact existed and as we,
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you know went back and forth in this exchange of emails I simply
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reminded him that in the class we requested that he send both with
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paper and electronic and then I haven't received either, and even if he
had turned in the paper, when I didn't have the electronic one. And,
for him and that's why I think he got frustrated and I certainly was
frustrated.
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Q: Yes.
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A: Yes, I did.
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very rough draft of the article that he said he had drafted or written
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and that's what I see in this exhibit and I guess it is page 9, 10, 11, 12, 13
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Q: Did you use that draft that Mr. Coughlin provided to issue a
grade for the paper in the class?
A: I did.
Q: What was your impression of the draft that Mr. Coughlin
turned in.
A: Assuming at face value it was the original early draft, rough
draft and not the final paper it was a good initial draft.
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Q: Was there any language in the draft that you recall that you
found to be out of place for a paper for law school?
A: Well, it was, it had some colorful language in it, on page 14,
let's get pissy over the meaning of revision I thought was probably
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Q: I would like you turn to page 21, bate stamp page 21 of the
exhibit, Professor. Do you recognize this page?
A: I don't really recall this, this was apparently something it was
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directly , and maybe it's the next page. Yeah, I recognize the next page.
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response.
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any law student or any student at any institution that I taught at ever.
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mean that that they were just the kind of communication that I don't
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Q: Now you testified earlier that you referred this matter to the
Dean of the law school, correct?
A: I asked the Dean how I should handle a missing paper having
never had the situation before. What would I do with this, how would I
concern any faculty member to to think that that was what was
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A: I was told that they had already begun a file on Mr. Coughlin
on other matters and they would add this to it.
Q: Did you ever advised Mr. Coughlin why you were asking for
another copy of, or a copy of his final draft?
A: Sure, because in most instances that I've experienced in
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that might be useful to us later on. So, it was standard practice to, if,
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something and you want to be able to read a nice legible one, it's not
uncommon to ask for a second copy. In this instance, the course had
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Q: Yes, Your Honor. Mark, can you tell me how did you make this
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front of the classroom saying let's make sure that you get me an
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on vacation.
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Q: Okay, so when you were making the syllabus, did you know
that you were going on vacation?
A: I don't know that I did or didn't.
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Q: So you maybe didn't put the thing about the digital because you
didn't know your were going on vacation?
A: That is possible, yes.
Q: Okay, but just earlier you said it was in the syllabus?
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explain.
A: I believe it was likely to be in the syllabus. If it's not in the
syllabus, I know I expressed it in class.
Judge McElroy: So, what's the next question?
Q: So, since its not in the syllabus, the only way somebody in the
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class would know that you wanted this digital copy is that you
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expressed it in class.
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go ahead.
Q: Can you tell us how, did you make this announcement at the
beginning or end of the class? Was it, did you know?
A: Zach, my policy typically is as we're getting ready to get papers
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turned in, I'm mentioning it several times during each of the class
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week in class.
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Q: What is it?
A: Reminders about the paper come up several times.
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Q: I asked you about the digital copy and when you announced the
digital copies is requirementMs. Kagan: Objection, argumentative.
Judge McElroy: Why don't I overrule the objection and go ahead
and let you answer?
A: As I recall, Zach, it would have been several times during the
semester and as the paper came to the time it was due, I would have
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Q: Said what?
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A: I don't recall-
Q: Because that was the whole point, right, as you said, in asking
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Q: So, at what point did you decide you were going on vacation?
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A: I did.
Q: You did. So, it was at some point in the semester that you knew,
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okay I'm going to go to- and how long did you go to California for?
A: I think I was there for five days.
Q: Okay, so class ended in July and you're going to bring your- and
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grades are due on September 5th, right? That means the grades areMs. Kagan: Objection, that is not in evidence.
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okay?
Judge McElroy: Okay.
Mr. Tratos: Its a top 100 law school.
Judge McElroy: Mr. Coughlin, here's the problem, the State Bar is
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this point it's not really relevant in terms of you know where he spent
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his vacation and what he spent his vacation, it's whether you
outcome.
why Mr. Tratos would be loading papers onto a, to grade 5 days after
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all this.
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announced to the class a digital copy was due. Somehow we made that a
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be a couple months beforehand, right? You said, you know what? I'm
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the class sometime in like what? Like July, that you might go on a trip
in September?
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A: The class is going on, as the papers get near I remind the class
several times that the papers are due. It's gonna be forty percent of the
grades. I want them in both paper form and in digital form. The
interesting thing here is, the paper form was never turned in, and that's
the point we were trying to make.
Mr. Coughlin: Objection, Your Honor, the paper form was turned
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in.
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question.
Judge McElroy: Object to someone's answer.
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answer. I think you're you really don't understand what the point of
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this hearing is and I think you're not getting it. The point is is that you
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was completely resolved in your favor. You need to focus on that issue
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Mr. Coughlin:Okay.
Q: Mark, did you have a student in the class who worked for you?
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A: I probably did.
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A: I believe he was.
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Mr. Coughlin: Right, well but this goes this goes to why my name
wasn't on the paper, Your Honor. Why I put my social security number
on the paper because he's got an- one, that is what we did in every class,
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did turn this paper and let's just let's just go ahead and assume that-
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that doesn't matter? That doesn't? Is that what you are saying?
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is the outcome that matters, then why did we go into the arrest? You
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know, because we could have just looked at the outcome and you say:
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okay, we got a dry reckless, you reported it-boom, you're done. But
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Mr. Coughlin: Now, if the outcome is the only thing that matters,
why are we looking at theJudge McElroy: You reported that the investigation was resolved
completely in your favor. That's the alleged misrepresentation.
Mr. Coughlin: Objection, Your Honor, I don't know where- uh,
nevermind.
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Q: If you're aware of it, no you wouldn't. Okay. Why did you pass
me in this course?
A: I'm not the person who sits and judge.
Q: You don't give the grade, the pass/fail grade? Because that's a
new one to me. I thought the professor did give the grade.
Judge McElroy: The question is: why did he pass you? If you will
allow him to answer the question.
Mr. Coughlin: Yes, Your Honor.
A: ZachMr. Coughlin: Yes, Mark.
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had written your paper on a computer, and even though your computer
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was still available to you, and even though I had offered to pay to have
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Judge McElroy: I'm going to sustain it, so, let's move on to the next
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question.
Q: You passed me. So, I pass the course, right? If I would have
been guilty of academic dishonesty could have I passed the course?
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Judge McElroy: Go ahead and ask the question, although the fact
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of it is is that youQ: All right, there's more interesting stuff to get to here. Whether
Mr. Tratos can tell me why I passed or not, we will move on from.
Mark, did you feel threatened by me during this?
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A: Threatened by you?
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Q: Yeah, threatened?
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A: No.
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A: Certainly.
Q: How so?
A: You have a line in one of the emails, early emails that you sent
to me, which suggested to me that you wereMr. Coughlin: OkayJudge McElroy: Let him finish. You asked it.
Judge McElroy: You are getting far afield, but it's not helping
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your case.
Mr. Coughlin: Okay, but I promise this is going somewhere.
papers.
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because I was concerned, not because I was threatened. You said that
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earlier today.
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Q: Well, let me go back to your email where you say: I got your
threatening email, Mr. Coughlin.
A: No, read it carefully, sir.
Mr. Coughlin: I will try with my UNLV education, I'll try to read
it carefullyJudge McElroy: Mr. Coughlin, you are only making your case
worse.
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A: I guess-
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threatened.
Q: And you accused me of some kind of misconduct, right?
Ms. Kagan: Objection, misstates the testimony.
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Judge McElroy: Let's ask- its sustained, let's ask another question.
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Q: Right. Right. Can you tell me, what's the first time you
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Judge McElroy: I'm going to go ahead and let you ask the question.
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Can you tell him the first time, if you can recall.
A: I believe I completed grading everybody's papers, had come to
the conclusion that yours was not in the group, and wrote you an email
asking for another copy of your paper.
Q: Would it be this email, page 8, Exhibit 5, where you say: Zach,
please send me another copy of your paper? This is the first
correspondence after class had ended between yourself and me, right?
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said: why did you 'say send me another copy of your paper', you said:
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Judge McElroy: We're back on the record and the court has taken
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you cannot ask the question again the next time, number one. Number
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two, the issue in this case is not whether in fact there was a paper that
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existed or that the professor had the paper and that's not the issue. The
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issue is your representation to the State Bar about what was the
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with this professor about the actual paper. You- the State Bar has
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alleged that you said it was completely resolved in your favor- there's
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some information that they're saying it wasn't resolved, that there was
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a formal letter of warning. That's really the issue, not all this other
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arguments that you are getting into. You would do best to let him go,
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Judge McElroy: Its not. That was never an issue, you opened it up.
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Mr. Coughlin: I said it was resolved but there was this thing
where I had to pay a hundred dollars, right?
Judge McElroy: This is completely unrelated.
Mr. Coughlin: They are in the same letter. The same exhibit deals
with both incidences, the exhibit where she's sayingJudge McElroy: All I'm trying to tell you is this it is not helpful
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for you to go into the details of whether there was a paper or not, how
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he regarded-
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just take a second, if that is the issue, the how I characterized this
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confusing, right?
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Tratos?
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reconsidered.
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now.
Judge McElroy: You are arguing your case. Right. That is. The
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point is-
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Mr. Coughlin: I'm trying to help this case find out where it needs
to go-
Mr. Coughlin: I won't. I won't argue my case. But if this paper is-
If the nexus is as you said, if the key inquiries is as you say, how I
this is their star witness in that, and what they're coming with, the
which say: okay, yeah I had to pay $100 for moving this computer, and
other-
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they're talking about Mark Tratos, I don't know who they're talking
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Mr. Coughlin: If you can tell me, if I'm acting stupid on purpose,
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tell me.
Judge McElroy: I'm not saying you're acting stupid.
Mr. Coughlin: If you can read this and tell me, great, but I can't
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understand what they're saying, you know, because I don't think they
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in and proceed with cross-exam. I've told you what the issues are and
you need to confine yourself to the issues and not widen this case.
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Ms. Kagan: Objection, uh, mischaracterizationJudge McElroy: I'm going to go ahead, it stands. He says he has
hasn't. What's the next question?
Q: Would it surprise you that some of your former associates have
told me that you had lost other people's papers in the past.
A: It would surprise me.
Q: It would surprise you?
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Q: So, you're saying there's never been an incident while you were
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home test or whatever came up missing. Think hard, Mark, think hard
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Judge McElroy: I'm gonna go ahead and let him ask it one more
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time.
Q: Be sure that nobody who used to work for you knows about this.
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commit perjury.
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Q: Didn't arrive?
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A: Right.
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Q: And did the student say: No, I did turn that in?
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Mr. Coughlin: It was in the materials you showed me, and it was
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Q: Do you recall not having Jessica Wolfe's paper for this very
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same class?
Ms. Kagan: Objection, the witness has already answered this
question.
Judge McElroy: I am going to go ahead and him ask this question.
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A: I don't.
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recall.
Mr. Coughlin: I'd like to take judicial notice that within the file
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for UNLV on this matter there is a paper that says please give me
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A: Correct.
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with your class, wouldn't they need to communicate with you a little
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A: Not right.
Q: I don't understand. Did they communicate with you about this
investigation or not?
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Q: So, that call really didn't have much to do with, like, you know,
you couldn't have turned that over to them, and I object to your
characterization of that call because it is inaccurate.
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Q: So, just to make sure- so after you turn in these emails which,
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from what I guess you said is that was our only contact was these
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emails, the only thing that could have been threatening, Mark. The
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only thing, right, is these emails? Okay, so they turn those over, you
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turn those over, and after that you didn't have any sort of involvement
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A: Other than they're the same people that I deal with at the law
school on a relatively regular basis as I teach classes.
investigation?
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A: I don't.
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Q: Okay, can you turn to Exhibit 53, please? But, at that timeJudge McElroy: Wait. Let him look at Exhibit 53, and no
editorializing just a question.
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A: All right.
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Q: Okay, can you tell me what the final resolution was of this
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matter?
Ms. Kagan: Objection, speculation.
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question if he knows.
A: I don't know. This document, I have never seen before.
Q: Can you describe to me what it says?
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that if you were found responsible for similar violation of the student
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Q: Okay, can you tell me the phrase that says: it appears that
academic dishonesty did not occur. It says that, doesn't it?
A: Where are you looking, sir.
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A: I see that.
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think what was disturbing to me was, what I'd raised the attention of
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the University about, and that was that your conduct seemed to be
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rather unusual in the way you handled yourself with respect to the
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paper.
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A: That's correct.
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Q: One man turned over some emails another man sent him.
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A: That's correct.
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Q: If I had gold teeth and corn rolls would you report my conduct
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as well?
Ms. Kagan: Objection, argumentative.
Q: Would you?
Judge McElroy: Okay, I'm going to stop this at this point, if you
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can't ask a proper question, I'm not going to allow you to cross-examine
anymore, so.
Q: What am I being warned about?
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involved in things of this manner, you should take a little bit more
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interest in them.
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write this letter, okay, no more questions on this letter, he didn't write
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it. You need to cross-examine the witness that wrote the letter.
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matter, is that correct? Is that what the final ruling was, Mr. Tratos?
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the State Bar that the academic dishonesty investigation was resolved
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A: I always speak from the middle of the classroom. I use the same
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A: Correct.
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A: I did.
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A: No.
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A: No.
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Q: Okay. I'm talking about the one whose grades are mentioned on
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the question.
Q: So, these papers were all turned in and you collected yourself
and you put them in your car?
Ms. Kagan: Objection.
A: That's correct.
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Q: For that class, you recall specifically that none of the papers in
that pile had handwriting on top of them?
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A: I don't recall.
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paper that said I'm not turning this paper in in a digital copy because I
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don't want this paper posted on the class's website as you indicated you
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A: I don't.
Q: Do you recall telling the class that you're going to post their
papers on your firm's website?
A: I don't recall telling anybody that. I do recall that I said if
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there were good papers we may do that, but I don't ever make a
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Q: Okay, so and you didn't have us- did you have a class website for
this class?
A: There was a class website.
Q: And would papers be posted on that?
Q: Okay, but did you tell the class that they would be?
A: No, I didn't.
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A: No I don't.
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them?
A: That would be common courtesy.
Q: Just common courtesy?
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A: That's correct.
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Q: Yeah. So, it's just common courtesy you could take a student's
work product and post it on your firm's website if you wanted to,
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Q: On the class website? So, on the class website, you can do it?
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asking them?
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with a note atop of it that said I'm writing my social security number
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on here rather than my name because that has been the practice in all
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A: No, I don't.
Q: Was there blind grading in this course?
A: Yes, there was.
Q: Why would you say that if people's names were written atop
their paper?
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Mr. Coughlin: Okay I'm just asking if there is blind grading and
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student worked for you put his name on it, if he could then it's not blind
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grading.
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fundamental mistake was the exams were part of the grade sixty
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percent. Forty percent was a paper. I don't know who gets what in
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terms of the exam grades and all I can do is essentially say on this
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particular portion of the class that I graded, I don't grade the exams
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exams are typically graded at the law school level if they are multiple
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choice and if they're an essay then I grade those, but there's never a
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A: Always.
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Q: Except for your papers in the class with your student who is
your employee.
A: Absolutely not.
A: Absolutely not.
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I'm talking about the hard copy the day it was turned in in class. Did
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you hear anything from any of your employees or anybody in the world
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that, whoa, you know anything? Maybe we found that paper behind a
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a student who should have maintained a copy of this paper who should
electronic file from his destroyed hard drive and offered to pay for it
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cross-examination, period. You are it's over with in terms of Mr. Tratos,
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because we're not getting anywhere and you don't seem to know how to
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allow you one or two more questions and then we need to wrap this up,
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okay?
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A: I did.
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A:No.
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A: No.
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Q: Okay, do you still have those papers or where they turned back
to students?
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back?
A: That wouldn't surprise me?
Q: Okay, so that's common, that happens?
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Q: And when you turn these over, you indicated that you had no
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discussions about the investigation that was to take place, but you had
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dishonesty investigation.
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paper, you asserting that your hard drive was destroyed, me offering to-
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whether or not you could have me construct your entire hard drive, and
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Q: Do you recall my saying that all the companiesJudge McElroy: Wait, will you let him finish the question, okay?
I am warning you.
A: What was appropriate was for me to help you retrieve this
paper which is the subject.
Q: The one file, right? That you would pay for the one file to be
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retrieved. Do you know of any companies that will retrieve only one
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Judge McElroy: Okay, I'm gonna allow you to ask, answer that
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A: I don't.
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Judge McElroy: Okay, well I'm giving you another 10 minutes and
then we're finished with the cross-examination of Mr. Tratos, or
Professor Tratos. 10 minutes.
Q: Did I ever say no you cannot just retrieve this one file.
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Q: So, you can't say that I flat-out refused to have just that one file
retrieved?
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his offerJudge McElroy: Give us the exhibit, and the page, and ask him if
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retrieve individual files but would rather only do the entire retrieval
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in bulk.
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Judge McElroy: Okay, well, what I will do is why don't you ask a
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question?
Q: Okay, page 19.
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of page 21.
Mr. Coughlin: No, that's fine, that's a relevant thing about they
will only retrieve in bulk, but that wasn't-
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retrieval aspect where it says in this email that you got it says in
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conclusion all have OnTrack go ahead and send you a bill and I will
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fax over a contract for you to sign though I do not believe is legally
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necessary to have you retrieve this data. I clearly accept your offer for
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A: No, because-
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A: Yes.
Judge McElroy: Okay and let him answer and please do not
interrupt him. If you interrupt him, I am not allowing you any more
questions, okay?
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retrieve the material setting the price they wanted to use that's not
what my offer was. My offer was I was going to help you since we were
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Mr. Coughlin: I'm just asking him to refer to where they are in the
emails.
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able to point to it and not paraphrase it, that's the beauty of email,
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Mark.
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have been more than patient. I'm telling you this is just a warning. If
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paragraph, you're talking about things that you believe are legally
dollars. What you had turned a simple effort on my part to help you get
your grade by getting a paper into me you turn it into some kind of
reconstructed. I don't know, to this day, Zach, I don't know what was
the problem with your hard drive or if you ever had a problem with
your hard drive. Honestly, I don't know. But it's a very unusual for a
student rather than help his professor try to get him the grade that he's
looking for so he can graduate it's very unusual for you to act this way.
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And, later on, Zach, you did call me and you did apologize to me and in
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that you are in a 12-step program and part of your obligation was to
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even, absolutely even footing and your conduct today suggests to the
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contrary.
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Q: Okay, but did you ever write back to say, fine let's do this, but
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Judge McElroy: I'm gonna go ahead and allow one more question
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in this area.
A: I'm not sure exact but I think you already had a grade by this
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time. I think you had already sent me your paper and I had already
given it a grade and this is coming after the fact.
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chronology, class ends July 15, you write me July 7 th, you write the
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Q: Can you show this in the exhibit rather than just trying to
remember it?
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A: Sure it's on page bates number 0009 of Exhibit 5 and there you
attached-
A: That's correct.
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Q: Okay, but the letter you were talking about was from October
10th.
A: That's correct.
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pass or fail. Because I had a paper, I graded the paper, I said you're
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going to pass and the question at that point was were you going to be
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able to graduate from law school, I believe. Okay, so after I had already
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given you a passing grade then you were then asking me to spend
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Q: Okay, and you didn't know that I didn't receive my grade until
December, right?
Ms. Kagan: Objection, ambiguous.
Judge McElroy: Go ahead, let him ask.
Judge McElroy: You have like two minutes to ask your questions.
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only have this draft right do you recall that? And then you say okay
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give me the draft, and I turn the draft in then next thing I know a
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couple weeks goes by and then I get a letter on my birthday from the
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there?
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Ms. Kagan: May I have one moment to talk with the witnesses?
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Judge McElroy: Yeah, but we can go off the record, wait, just a
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Professor Tratos' cyber law course. There was a paper due in that
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course. Zachary had claimed that he had submitted that paper for the
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received the paper. There were emails that went back and forth
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met with Zachary and spoke with Professor Tratos and others and I
submitted the case to Philip Burns who was the Student Conduct
At that time the law school did not have its own honor code
established yet because we were a new law school and all of our Honor
or not there was cause and then I would forward them to the office of
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Q: regarding Mr. Coughlin, did you find that there was cause for a
referral?
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A: I did.
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A: Um, the basis for that decision? You know what, Lynn took all
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my papers.
Ms. Kagan: Did you bring something that would refresh your
recollection?
A: I had sent a letter over to Philip and I can't remember since it
was six years ago specifically what that letter said, so.
Q: can I direct your attention to the witness binders in front of
you, if you can turn to exhibit 5. do you recognize this exhibit?
A: I do, yes.
Q: And how do you recognize it?
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affairs Rebecca Mills and Philip Burns, the Student Judicial Affairs
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A: yes.
A: Yes.
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A: I really don't recall specifically but I can tell you that based on
the conversation that we had I was concerned enough that I then
forwarded the matter on to the university student affairs judicial
officers.
Q: ok I'd like you to look at a page 2 of the exhibit. Do you
recognize page two?
A: Yes, that's an email that I wrote to Mr. Coughlin.
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fair to say that that was before your letter to the student official
judicial affairs officer on October 11th, 2001?
Mr. Coughlin: Objection, Your Honor, I don't see the relevance in
this and why we're taking so much time to go bit by bit on what's what.
Judge McElroy: Overruled.
A: The date on Mr. Coughlin's email to me was October 4th, 2001
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and I wrote the letter and sent it to Dr. Mills and Philip Burns on
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that Mr. Burns found that there was not academic dishonesty but there
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taking that to another area the library to use it for his personal use
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and in that situation Mr. Burns did find that there was a code of
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conduct violation and he had Mr. Coughlin pay $100 restitution to the
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University.
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Q: I would like to discuss that matter in just a minute but can you
refer to exhibit 53. do you recognize exhibit 53?
A: this is the letter that Mr Burns wrote to Mr. Coughlin after his
investigation of the honor code matter.
Q: did you receive this letter at some point during the
investigation.
A: yes.
Q: And, do you know what happened after this letter was sent, do
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you know?
A: I don't recall. In connection with this this matter specifically?
Ms. Kagan: Yes.
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A: no.
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by Philip Burns?
A: Not to the best of my recollection, no.
Q: In both matters? Did he investigate both matters that you're
aware of? The emails as well as the computer?
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A: Yes.
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exhibit 58?
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A: yes. This is a memo that I wrote to Dr. Mills and Philip Burns
notifying them that Mr. Coughlin had disconnected the computer in the
microphones room of the library at UNLV.
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was dedicated specifically to the microforms area and it was for patrons
both students and the general public to use when they were looking at
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situation?
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Matthew Wright had gone into the micro forms room on the evening of
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October 11, 2001 and noticed that the computer was not there. The
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computer, the mouse and the keyboard that they were not there so he
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was concerned and he went for a walk through the library to see if he
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the library using that computer and keyboard for his own personal use.
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A: No.
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A: No.
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that when the question was asked have you been dropped, expelled, or
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otherwise disciplined by any school for any reason other than academic
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performance. You marked yes and then replied I was find $100 by
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Q: Was Mr. Coughlin fined for, and I'm going to use specific
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01, 2002?
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that he was fined because he had violated the UNLV code and I'd have
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$100. I think it had something to do with the fact that staff time was
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taken to first of all find the computer and then to have to put the
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computer back in its proper spot. And then there were also some re-
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settings that had to be done to the computer because the settings were
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off from what they should have been at that particular station.
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Q: when you testified earlier that the law library employee found
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Mr. Coughlin in another part of the library. Can you explain where he
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was that the microforms computer was in sort of a isolated room and
the computer was taken out of that room and moved to another room in
the library. There in that same library, very near to this area was an
area for student use. The student computer lab that was specifically for
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Q: that was nearby but that's not where Mr. Coughlin was found,
or was it?
A: I don't believe he was found in the computer lab. I believe he
was found in a nearby room in the library.
Q: Did you ever do any independent investigation into either the
incidents with Professor Tratos or the computer incident?
A: well my investigation in connection with the matter in Mr.
Tratos'
cyber law class was that I spoke to Mr. Coughlin and I spoke to Mr.
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the class.
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a three pages because there's a front and back to one and two. Do
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other situations besides the situation with Mr. Tratos and Mr. Wright
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connection with his employment in the law library, there was another
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Judge McElroy: why don't we recall the incidences and then ask
more questions.
Q: Dean Smith you mentioned something about an IP class taught
by Professor LaFrance, can you explain what the behavior was by Mr.
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enrolled in that course because the matter with Professor Tratos was
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still pending. He wasn't sure if he was going to pass that course. He took
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Tratos' course and then he would still have enough credits to graduate
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attendance policy and he had already missed several classes. The result
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from her class. But in the process of that happening he had sent at
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and more of your conduct into this hearing that's fine. It's not working
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for you.
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Ms. Kagan: just as long as we're not going to ignore the Anson
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thing. Because you forgot to mention it Christine, and go into the five
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other things.
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Mr. Coughlin that there were substantial deficiencies with that paper.
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He had sent him a memo that outlined the deficiencies and he had
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the memo, and it took several weeks, possibly even months for that
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with Professor simple in what I would call you know just disagreeing
27
with the the quality of the paper and whether or not it fulfilled the
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writing requirement-
Judge McElroy: This is not going to the truth of the matter, so I'm
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Judge McElroy: Yes, because as explained it's not for the truth of
the matter, its to explain her opinion as to why she was concerned
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library. You mentioned that was something that also caused you
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concern. I believe that the law library faculty could better address-
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the truth of the matter. This is to explain why her opinion is that you
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Q: Ill just make this brief. Were you aware of Mr. Coughlin's, any
of his contacts at the law library.
A: Yes.
Q: and can you tell me what you personally knew of?
A: I was notified by law library staff of a couple of incidents. One
They were overdue. A library staff member called him to tell him they
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were overdue and request that they be returned to the library and he
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swore at that staff member and there was another similar incident over
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overdue books.
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Q: And you didn't go to law school, but you're the Dean of the law
school?
A: I am not the Dean of the law school. I am the Associate Dean of
the law school. There's a difference.
Q: were you ever were the Dean of the law school.
Q: Were you ever any other kind of Dean besides Associate Dean
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at UNLV?
A: No.
Q: in the first years of existence? Didn't you become this Associate
Dean of Student Affairs later on. Werent' you originally like the Vice
Dean or something?
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A: yes and then as the school grew and an Associate Dean for
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A: I can't tell you for certain items. I don't know what is here in
front of me.
Judge McElroy: Your questions should be addressed to the
witness.
Q: we don't have that in the 69 exhibits. We don't have anything
about Stemple in hereJudge McElroy: Mr. Coughlin, I should warn you that you should
be happy that it's not. The more you bring out the worse the case gets.
You need to focus on the issue at hand here and not-
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enrolled in a class and then later not dropping the class or not taking
the class or something like that. But you didn't mention anything
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don't-
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A: yes.
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Q: was he fired?
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A: yes.
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received from Professor Anson. He was later terminated from the law
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Judge McElroy: Mr. Coughlin please let her explain her answer.
Go ahead if you can explain.
A: I have a hard time remembering any interactions with you in
which you were professional.
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answer that.
Q: Yet, you remember the specifics about a paper that was due in
Stemple's class? This is a guy who got fired and you don't remember
about that? But you remember everything about a paper with
Stemple?
Ms. Kagan: Objection, argumentative.
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A: Objection, relevance.
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Q: I noticed you said I believe you said you didn't speak when you
were investigating this academic dishonesty bit? You know the thing
here-
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Q: I notice you said you didn't speak with other students about
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this. You said I spoke with Don Castle and maybe somebody else and
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somebody else-
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you stated that you didn't speak with other students in the class in
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Mr. Coughlin: Well, then, can you please clarify what your
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testimony was?
Judge McElroy: I'm going to sustain the objection. Ask a question
that comports with what her testimony is.
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Q: did you say something about whether or not you spoke with
students in the cyber law class related to the paper incident involving
Mark Tratos?
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Judge McElroy: Did you talk to other students regarding this? It's
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pretty simple.
Q: Well see but it's interesting. She can't quite remember what she
said and then now she wants to hear it back and-
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Q: did you speak to students in the class? The cyber law class
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A: I don't recall.
Q: because earlier you said that you didn't.
Judge McElroy: okay she said she didn't recall. Ask the next
question.
Q: ok why earlier did you say that I didn't speak to other students
in the class?
Ms. Kagan: Objection, misstates her testimony.
Judge McElroy: sustained.
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Q: so now okay-
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students.
Judge McElroy: Okay, so she doesn't remember. Ask the next
question.
Q: You don't remember whether you spoke to other students in the
class?
A: that's right. I don't remember whether I spoke to other
students.
Q: Would that be something you do normally in the course of an
investigation?
A: not always.
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can remember.
A: Re-state the question please.
Q: Did you ever talk to the students who I mentioned saw me turn
the paper in?
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A: Not always.
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there was cause for me to forward your case to Mr. Burns and Mr. Burns
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is the person who would speak with you and would speak with the
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ever apply to, you might not know that because you didn't go to law
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school-
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Judge McElroy: Can you please show some respect for people in
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this court?
Mr. Coughlin: As soon as someone shows some to me. In the course
of doing that you didn't speak to any of these students? You escalated it
onto the official level-
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thing was supposedly moved, was it in the same, did it have the same
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Q: okay then if you don't know then why earlier were you able to
describe it as he dragged it to another area of the library?
Q: If it is in the same area or if you don't even know what area it's
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in how can you describe whether it's in the same area or another area?
A: the way that the library was laid out, it was a very big space.
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The particular room that the microforms was in, was a room not much
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larger than this room. There were rooms, larger rooms adjacent to that
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particular room. I don't know whether you were in that very same room
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or if you were in the next room. But I do know that Mr. Wright had to
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go looking for the computer so it wasn't right next to its proper spot.
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Q: Because it was just the monitor and the mouse that were moved.
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A: No.
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and I'm saying do you recall this email to you where it says
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anyway-
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Mr. Coughlin: But its something that was written to her that she
used in starting her investigation.
Ms. Kagan: lack of foundation.
Judge McElroy: What is the question.
Q: Can you tell me what it means when it says I ran into Zach.
Does that mean I came up and approached him and said look I used this
to do yada yada?
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A: Well as I read this memo it's Mr. Wright says I entered the
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thought they were stolen. I looked and wandered around when I ran
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into Zach. Zach had disconnected the monitor, keyboard, and mouse. so
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moved them into one of the carrels in the microforms room? Is that the
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not interrupt and no more editorializing or you will not be asking any
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these materials into one of the carrels in the micro forms room? Is that
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A: Yes the memo that I'm reading now says that you had moved
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microforms room.
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Q: it's not really the same shape though right? It's an oblong room,
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right?
A: It was an oblong room you're right.
Q: okay, so if it was moved from one wall to the next it was moved
about 10 feet right?
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Q: and what was the violation I was found, does that mean I was
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there was one to begin with, so what was the one to begin with? What
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not occur.
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occur? That didn't, like as in, that didn't occur, I'm going to warn you to
not do that again. Don't you not do that again, Mr. Coughlin.
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A: I don't recall.
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Q: Because I see it says academic dishonesty not did not occur and
I'll noteJudge McElroy: What's the question?
Q: what was I guilty of? What am I being warned about?
A: in the letter from Mr. Burns, it says in the matter of Section R
Q: okay but we're not talking about the computer thing anymore,
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we're talking about the the Tratos thing right? Because that's what the
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to Section P, which is a assaulting, striking, or threatening. The onlyJudge McElroy: What is the question of this witness?
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Judge McElroy: you have got two minutes to finish up your cross-
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examination.
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Q: My question is what does this say, even. What are you saying I
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did and what are you saying you found me guilty of?
Ms. Kagan: objection, lack of personal knowledge.
Judge McElroy: sustained.
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matter of your remarks has been informally resolved between you and
not occur.
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Judge McElroy: I'm gonna go ahead and let her answer the
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question.
Mr. Coughlin: I thought that was the whole point of this as Judge
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this.
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Ms. Kagan: objection, first of all the witness doesn't even know
what Mr. Coughlin reported to the Bar regarding this incident.
Mr. Coughlin: She doesn't need to know. She's not the witness. Just
let her be that.
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be accurate?
A: yes.
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A: Yes.
Q: Let me read you these statements and you can tell me whether
or not these are accurate. These are what's at issue, this is what I said to
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A: yes.
Q: okay when this academic dishonesty investigation was started
what did you think I had done? What were you charging me with?
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Mr. Coughlin: so, I'm never actually going to get told what they
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thought I did?
Judge McElroy: The truth is you got the best answer you could
from her. She said that there was not academic honest dishonesty
found. Ok I mean how much more do you want? And that was the
question in terms of the State Bar so.
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right?
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A: yes.
Q: Can you tell me what it was that made you think there was
academic dishonesty present in the first place such that you brought an
investigation for it?
A: have to read my notes. I don't specifically recall and I don't
want to misstate anything.
Q: but would that be included somewhere? Would you have
written that down somewhere?
A: No.
Judge McElroy: Any other questions?
Q: can you tell me why you thought I had a substance abuse
problem?
A: Because of your erratic behavior, because of the emails that you
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sent to faculty and staff, because of the various incidents that I had
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problem.
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Q: so does anyone who has any problem with any of your faculty
or your staff have a substance problem?
A: No.
Q: Do they have some type of problem?
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Q: ok, so it's accurate in every way except you are not sure exactly
how many feet it was moved, but it was moved in the same room.
Ms. Kagan: objection, misstates her testimony.
Q: Can you tell me if this is accurate or not? Besides how many
feet it was moved? Is that what it comes down to, how many feet it was
moved?
A: this statement is accurate with the exception of I can not
testify to the distance that you moved the computer because it's not
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A: Yes.
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A: I don't know.
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A: I don't know.
Q: Wouldn't his report need to have been issued before you could
report?
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A: not entirely, no. what if you didn't pass some of your other
courses.
Q: ok but aside from that. Assuming I passed every other course
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and this was the only course still out there, was this what was holding
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up? You couldn't have given me a grade until this was out right?
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A: Right.
Q: Would I have received a grade in the cyber law course prior to
the resolution of this matter?
A: You would not have received a grade in the cyber law class
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until you had submitted a paper to Professor Tratos for his review and
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for him to grade. I don't know when he received your final paper, which
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Judge McElroy: okay I'm going to overrule the objection and she
has said she doesn't know the answer to that question so let's move on to
information for any other students whose papers he had lost in the
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Wolfe.
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A: Yes.
Judge McElroy: I'm going to go ahead and let him ask that
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question.
A: I would have to look at the course roster to be absolutely
certain that she took that course or her transcript and I don't have
either one of those documents.
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By Ms. Kagan:
Q: Officer Cho, are you currently employed.
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policing.
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Q: do you recall an incident that took placeMr. Coughlin: Objection, Your Honor, relevancy.
Mr. Coughlin: His whole point in being here. What's the relevance
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interrupt me, I will ask you to leave the court room and the witness can
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testify without you being present. Do not interrupt and when I make a
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Judge McElroy: No. I'm not going to allow you to ask questions.
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objection.
Mr. Coughlin: okay.
Judge McElroy: What's the next question?
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A: I remember-
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just wondering for the flow of the trial, with the last point we dealt
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with it helped me because you spelled out what we were looking for,
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and that was whether or not I reported accurately to the State Bar, so
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what I'm trying to do is focus my mind on what are we looking for here-
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Judge McElroy: Allow him to testify and if you feel that there's a
problem afterward you can ask the whole thing be stricken as
irrelevant. Right now let's ask the question.
Q: Officer Cho, how do you recall that incident?
A: Can you explain?
A: I'm sorry.
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A: yes, I do.
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Q: can you explain that contact that you had with Mr. Coughlin,
back in 2001?
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A: yes, I was working the Las Vegas Strip on bike patrol at the
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time. I was riding with my sergeant that day. Riding south bound, I
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looked over towards the left and I noticed a security officer running
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after Mr. Coughlin. There was another police officer that was running
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with the security officer after Mr. Coughlin. So I road down to assist
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him we're police officers and to stop. He didn't listen to us. He turned
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wear bright bright canary yellow uniforms that says metro police on
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myself and I think it was Officer Jordan tackled Mr. Coughlin to the
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ground and as he got to the ground he was lying prone. He put his arms
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in into his body and he would not cooperate with us. It took
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approximately four officers to basically get his arms to his side and
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the officers asking him why are you running, what's wrong with you
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and he basically repeated why are you running what's wrong with you?
He asked again, what's your name and Mr. Coughlin asked the officer
what's your name, and just kept repeating what the officer had told
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Q: were you present when Mr. Coughlin was asked his name?
A: Yes I was.
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how much they know the law. I remember him saying I know the law,
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another state or doing anything like that with our profession, why
would he do something like that? So, when I got this for subpoena for
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arrest in this matter or was he very helpful with the police and listen
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A: hello.
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Q: Can you clarify what that last point was about we wouldn't
have done that with our profession if we went somewhere?
A: okay, like for , my wife and I went to Utah last week. We got
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pulled over. I was cooperative with the officers knowing that I'm an
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does the job that I do. I think being an attorney is a high profession just
get the respect when we make contact with them. That's what I meant
by it.
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somebody is, the number one thing that we learned in the Academy is
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the most dangerous thing of anybody's body is this, the hands, because
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you could have either a gun, a knife, or whatever . we'd like to see the
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hands. What you did when you were lying prone and none of us was on
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A: well after you were tackled, we were on top of you, and then we
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moved away, and we said put your arms behind your back. I remember
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one arm being held, the other are being held by another officer because
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we know well enough that your arm is not going to move when
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somebody's on top of you. We kept telling you to put your arms, take
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your arms out, let me see your hands, let me see your hands. You didn't
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do that.
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something like what are you doing and I said I was putting my hands
behind my back?
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A: Oh.
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behind his back. I think the way he worded, it because we were asking
you to stop resisting and put your hands behind your back. When I
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report it didn't make sense to me on certain parts but you know what,
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when I now read it, that's how I remember a lot of it, you know so that's
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hands behind your back like that? We thought you were reaching for a
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hands behind my back so you guys would know I didn't have anything
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Judge McElroy: Wait, you can not talk over the witness.
your side basically to put you finally into handcuffs. I remember that.
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A: Ha. Sigh.
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resisting- Oh boy. and put. stop resisting and put his hands behind
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Judge McElroy: I'm gonna go ahead and let him ask that question.
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by weather citing the person or not citing the person, discretion. In this
case, since we work the strip when we have tourists and stuff like that
Vegas Strip are mostly out-of-towners. We don't cite them. That's just a
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A: Go ahead.
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questions and you continuously spoke back, and basically repeated the
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Q: But, I must have done more than that because we talked about
the law and stuff. That, this. We talked about the things that, thatJudge McElroy: Ask question.
Q: ok, we didn't just talk about, I didn't just repeat things, did I?
Because we talked about the law and things that made you later say I
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A: well this was later on with the officers talking. This is after
you've already been arrested. We spoke about that.
Q: ok, so I'm just trying to understand. I don't understand how it
takes so long to get identification.
Judge McElroy: What is the question.
Q: what kind of stuff did we talk about the law? What kind of
stuff are we talking about? Were we speaking about the law and?
A: I just remember you saying that you were an attorney student
and you knew the law. That's basically what I remember.
Q: Something like that. Something like is this a Terry stop? Or
did you have some sort of you know cause to arrestA: I don't remember it exactly. I don't remember exactly.
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Q: but you don't like it when people say stuff like that, do you?
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Q: Well earlier you said that you didn't like it when people try to
tell you how to do your job?
A: I never said I don't like it.
Q: what was that comment about I wouldn't go to another town
and do that?
A: Sigh.
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analogous to what's going on here, because it's not cop and a cop, right?
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A: Sigh.
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thing? I reported it so what's relevant? Why have we spentJudge McElroy: Your behavior.
Mr. Coughlin: Spent Officer Cho's time to bring him here to ask
him about something that's-
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Q: To stop on a dime?
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person isn't going to stop on a dime, right? I mean that's not like
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Judge McElroy: why are you asking a question that Ive already
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Judge McElroy: You can't, it's not, it's the same. Ask another
question that has not been sustained okay in terms of an objection.
civilians and a police officer sees this and says stop running, would you
expect that it would take the person a certain length of feet or time to
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Q: how far did I run after you would have expected that the
reasonable person would have been able to slow their original pace and
stop?
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A: The distance you ran, you ran from the Polo Towers, from
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where I saw you to where I stopped you, which is the shopping center, is
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remember Officer Jordan asking you about running and stuff like that
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later on and you have stated something about the movie theater. You
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were sneaking into the movie theaters and that's the reason why you
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thought security was chasing you because you were, you don't pay to go
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into the movie theaters but you're watching movies without paying for
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southbound from the polo towers on towards the shopping center. The
movie theater is at the South. You were actually running towards the
movie theater on the north of where you were running from. That's
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A: how could you still be running? No, you went to the ground.
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then in the next sentence he said you were still running and I tackled
you.
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Judge McElroy: You did not stop and raise your hands. You were
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tackled while you were running, okay? I don't need to hear any more,
move on.
Q: didn't you just say that you were not sure whether or not I was
running before I got tackled?
Ms. Kagan: Objection, asked and answered.
Judge McElroy: sustained, no more questions in this area. Four
o'clock.
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A: no, I don't.
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A: No, I don't.
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Q: You don't recall her making jokes about my shoes and the way I
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ran?
A: No.
Q: Do you recall her taking a flashlight and putting it five inches
from my face and leaving it there for several minutes?
Judge McElroy: I'm gonna go ahead and let him answer the
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question.
A: No, I don't.
Q: did you play football in high school?
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A: yes, I did
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A: Ha.
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A: Ha.
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people?
Judge McElroy: it's sustained. Move on. Don't argue with me.
Mr. Coughlin: well, I don't even know why we're talking to
Officer Cho in the first place, soJudge McElroy: So then why don't you just quit asking questions
about it? Why are you emphasizing?
Mr. Coughlin: can you tell me why and maybe then if I have any
important questions I'll ask themJudge McElroy: No, you are an attorney. You are a Nevada
attorney, you should know better.
Mr. Coughlin: I am a Nevada or Novota?
Judge McElroy: Okay, anyway are you finished with your crossexamination? I'm going to say you have. Do you have any redirect?
Ms. Kagan: No, Your Honor.
Judge McElroy: Okay, you may step down. Let's see if we have any
more witnesses. You can go.
(End)
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5/10/07 Transcript:
Coughlin case number 06-M-13755 and today's date is May 10 th, 2007 and
it is the third day the hearing and are you ready to call your next
witness?
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Q: Where?
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to that I was a criminologist for six years at the Santa Clara county
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a-half years.
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court-
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Blood, urine, biological tissues and fluids and solids or substances for
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about time I don't see where or what we're doing with this.
Judge McElroy: Its overruled.
Mr. Coughlin: All right. Can I go on and on with stuff and not
show you what I am doing with it forJudge McElroy: You can do whatever you want when your turn
comes up, which is known as cross-examination.
Mr. Coughlin: Okay, good. Just as long as I can.
Judge McElroy: You are a lawyer, you should know better.
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as well.
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A: yes.
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A: It's a toxicology report and the alcohol analysis report from the
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hydrocodone.
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A: 11-nor-
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marijuana?
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A: No.
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ingest?
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A: No, you wouldn't be able to tell the amount all you could do is
talk about the range of time that a person possibly used within.
Q: What is that range of time?
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chronically.
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are lipophilic drug means that it likes to store in fat in the body fat so
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Q: You said someone would have had to ingest marijuana, can you
tell me what that means?
A: They could have eaten it or smoked.
Q: Could they have been in the same room as people smoking
marijuana?
A: At the level that was detected in this particular sample there
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could have a level of that but the scenario that was performed was
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unrealistic, it was several people sitting in a car sized area, and there
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A: There was so much smoke pumped into the area that the
A: Because it was so much smoke pumped into the room that they
weren't smoking that they weren't actively like puffing on they were
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know how much smoke was piled into this small area, which makes it
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A: I have no idea.
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people in a car and some of them are smoking. Would you have
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eyes of the people and they requested goggles I would I would tend to
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A: Not on this report but I did bring the chromatogram that has
the quantitative value.
Mr. Coughlin: Ok, was this chromatogram propounded earlier to
hearsay.
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Judge McElroy: What's your question? You are the one that asked
the question and you got an answer.
Mr. Coughlin: And he responded referring to a document
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far as I can tell it hasn't been propounded, it hasn't been put into
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Judge McElroy: What are you referring to, what did you?
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Mr. Coughlin: Good use of time, good use time and money. That's
good.
Ms. Kagan: Your Honor I would ask that Mr. Coughlin be
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questioning.
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why he's being called. What did that accomplish? It took 30 minutes.
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Judge McElroy: For the record it's accomplishing you had you had
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you asserted in your application that you were not under the influence
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say that you were under the influence of marijuana, it's quite simple.
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Mr. Coughlin: But that didn't prove, that didn't speak to that at
all. It just spoke to what we already knew.
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Mr. Coughlin: But I'm not asking for her to be on trial. So I won't
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A: I am not sure.
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Q: Isn't it true that you told up the LAP program that the last
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Ms. Kagan: No, I'm sorry, you didn't stipulate. It has been
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Mr. Coughlin: Okay so we're just doing? Your honor, I'd like to
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A: I am not sure.
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Q: Okay, if you could just review that document first and let me
know whether or not that's something you turned into LAP, and then I
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A: I believe so.
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Q: And this says at the top: I, Zach Coughlin hereby authorize the
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results and or diagnosis and treatment with the State Bar of California
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A: I'm not sure this says it's good for one year from 6/24/05, so I
guess it's no longer good or?
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Q: But was it good at the time that you signed it, Mr. Coughlin.
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A: I don't know.
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Mr. Coughlin: Well, I just don't see a release for all this
information, and its past that-
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Mr. Coughlin: So, I don't get to know where the release is?
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Judge McElroy: No. You need to figure that out on your own.
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trial.
Mr. Coughlin: Okay, so just let the record state that we don't know
where the release is.
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Ms. Kagan: Mr. Coughlin, are you stating right now that you
didn't provide a release dated April 20th, 2007 to the State Bar.
Mr. Coughlin: I'm not sure.
Judge McElroy: Let's just go ahead with the next question in
terms ofQ: Now I pointed you to some language on page 52: I've been
sober since January 28th, 2003. Was that a true statement when you
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Mr. Coughlin: And, can you define what you mean by sobriety?
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Q: Did you drink alcohol- well let me let me go through this for a
second. You lived atMr. Coughlin: Objection Your Honor if I tell her I'm not sure and
repetitive?
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alcohol in it, if you consume that, and if it seeps into the membranes in
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Q: Okay let's go through, so in the pastMr. Coughlin: Not to say I did that but Id like to know whether or
not that amounts toQ: In that past three years have you consumed any beer?
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A: I am not sure.
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Mr. Coughlin: So, I don't even get to say what the basis is? That's,
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A: I can't remember.
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residence.
Q: You lived at 1255 Jones Street Apartment 132 in Reno, Nevada
from October 2004 through April 2006, correct?
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exhibit?
Mr. Coughlin: No, why don't you just go ahead and read it for me?
Q: Well this is your update to the State Bar dated February 15 th,
2007, and on page 2, it says October 2004 through April 2006, 1255 Jones
number 132 Reno, NV 89503, and that's under residents history. Was
that a true statement?
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A: I don't know that you could say that, I had people stay over at
different times.
Ms. Kagan: Mr. Coughlin, when I asked you that same question
your deposition you testified that you lived alone at that address.
Mr. Coughlin: Well that depends what you mean by lived.
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page 108 when you're asked about the unlawful detainer actions that
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took place on Jones Street. Question: did you have a roommate at the
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Q: Now, I'd like to talk about the eviction that took place at 1255
Jones street apartment 132Mr. Coughlin: But that certainly doesn't mean that I don't have
people over-
A: No.
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Apartments-
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Mr. Coughlin: Its Nevada. Can you say that? Can you make those
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do not act and comport yourself in accordance with a lawyer then I'm
going to ask that you be- I'm going to remove you from this courtroom,
Mr. Coughlin: I'm not sure I know what you mean, Your Honor,
but okay? Its like the standard for obscenity, you kind of know it when
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Mr. Coughlin: and walked in with gold chains then they would
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Q: Now, you already testified earlier that you were I mean there
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Judge McElroy: Could you read into the record the deposition
transcript?
Ms. Kagan: Yes, I'm sorry it is line 19 question what happened in
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the process of the eviction answer I was evicted question were you
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premises and told me I was being evicted which I didn't that was the
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first I heard of that I didn't know that something happened with the
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notice such that I didn't get it or wasn't aware I hadn't opened the letter
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I'm not sure and so on the nineteenth of that month when the officers
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showed up and said you're evicted I did have to leave on that day
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question and this is going on to page 100 starting line 5 was that the
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same residence that was the subject of two unlawful detainer actions
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against you answer I believe so yes question and those and are those the
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page 101 starting on Line six when did you first become question when
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did you first become aware of the judgment answer I'm not sure I don't
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know that by being aware that I'm evicted I know that there's a
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filed that was probably the first time I was aware that there was an
actual case number and that they had won a judgment against me. Now
I'd like to return back to page Exhibit 63 and on page four are you
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A: Yes, Susan.
Q: Please turn to Page 4, an affidavit of service and it states Mark
Stroess being first duly sworn deposes and says that affiance is a citizen
of the United States over 18 years of age not a party to the within
entered action and that in the County of Washoe State of Nevada
personally served that described document upon person served, Zachary
Coughlin, by serving posted locations 1255 Jones Street Number 132
Reno, Nevada date
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April 19th, 2006 time 12:41 pm Mr. Coughlin was that notice which is
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reflected on page two of the same exhibit posted on your door at 132?
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Mr. Coughlin: But why isn't it in here? I see N and O, but I don't
see A, B, C, D all the way to the M?
Ms. Kagan: Mr. Coughlin, I'm handing you a picture that is of a
door numbered 132 with an eviction order on it.
Mr. Coughlin: Objection, I haven't been provided with this. I don't
know how I prepare for trial against this.
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Ms. Kagan: Let the record reflect that I am showing Your Honor
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Exhibit 73A. Mr. Coughlin, let the record reflect thatMr. Coughlin: Why didn't I get a copy of these exhibits that you
keep bringing up? Why didn't I get a copy of them?
Ms. Kagan: This is impeachment, Mr. Coughlin.
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Judge McElroy: You are getting a copy now, you're looking at it.
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A: No.
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Q: Isn't that your door that you lived at at Jones Street? The one
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Mr. Coughlin: Eventually? After the trials over, maybe I'll get a
copy to prepare for it? Is that, is that the case? Good, that sounds fair.
Ms. Kagan: Let the record reflect that I'm giving Mr. Coughlin a
copy of Exhibits 73a threw 73m.
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Mr. Coughlin: For the first time on the third day of trial?
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Ms. Kagan: I'm showing you what's been marked as Exhibit 73B,
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let the record reflect I am showing Your Honor. Mr. Coughlin, this is
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Exhibit 73B and in this exhibit of the inside of Apartment 132, there's a
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book, you can see a binder with the name of Hale Lane on it. Do you
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Mr. Coughlin: Which one one here? Can you do these by number?
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Ms. Kagan: Mr. Coughlin, I'm showing you the original they are
marked on the back.
Mr. Coughlin: Ok 73b you say, what about them?
Q: Do you recognize this exhibit.
A: No. Well, I mean, I was just provided with it, I don't know how
I could recognize it.
Judge McElroy: Why don't you take some time to look at it.
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A: No.
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Q: Is your apartment?
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Q: But you do see that there's a Hale Lane booklet in the picture,
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on the table?
A: I can't read that.
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Q: But you did work at the law firm of Hale Lane, correct?
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A: Yes, I did.
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Ms. Kagan: Let the record reflect that I'm showing Your Honor
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Exhibit 73C. Mr. Coughlin, I'm showing you what's been marked
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Judge McElroy: The record should reflect he's denying it's his
apartmentMr. Coughlin: No, I, said I don't know that it's my apartment.
Judge McElroy: So if you want to put those into evidence they are
going to have to be authenticated. Obviously he's not going to
authenticate them.
Ms. Kagan: Let the record reflect I'm handing the originals back
to the Court Administrator.
Mr. Coughlin: So how can they be not be in evidence if she's
showing them to you?
Judge McElroy: They're not into evidence. They don't become part
of this trial.
Mr. Coughlin: So you just don't? Okay, so I can show something to
a jury and its not in evidence?
Judge McElroy: What I'm saying- In writing my decision this will
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not be part of the evidence, it's not admitted into evidence and unless
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Mr. Coughlin: Well, I do need to use it, so, if there is some point in
the near future when I could?
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Judge McElroy: Okay, let's push it. What's the next question?
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8.1 credentials and licenses, you state three lines down: licensed as a
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Ms. Kagan: I'd like you to turn to Exhibit 74, page 2 of that
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authenticated.
Q: As of October 2007, Mr. Coughlin are you registered as a patent
attorney or a patent agent?
Mr. Coughlin: I don't know. And I object to if you're just going on
a website and printing off something on a website and acting like that
is law, it's ridiculous. Your like the rogue prosecutor in the Duke
Lacrosse case, you're out of control, Ms. Kagan.
Ms. Kagan: Your Honor, I move to strike these comments that Mr.
Coughlin is making disparaging my character.
Mr. Coughlin: Don't have the character you have if you don't want
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paragraph states I'm writing to inform you the status of your client's
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your client's-
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Mr. Coughlin: I'm sorry I couldn't hear if you said requires that
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Mr. Coughlin: Because I didn't see that part if you can point that
out to me.
Ms. Kagan: Its already in evidence, Mr. Coughlin, its a stipulation
7/9/04, correct, this is something that you signed? Page 2 of Exhibit 38?
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Mr. Coughlin: Yeah, I don't see where it says I'm enrolling in LAP
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in here.
Q: Mr. Coughlin, that wasn't the question posed, the question is do
you recognize, did you sign this document?
Mr. Coughlin: I think so.
Q: Then on June 30th, 2005 you completed the telephone intake
processMr. Coughlin: And that's a full year later! Isn't it? Because this
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was signed in 2004, so why did it take a year for them to do their
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telephone intake?
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Judge McElroy: Mr. Coughlin, when you present your side of the
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know how this could be accurate. I don't know why they decided to take
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intake interview.
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your recovery-
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Ms. Kagan: And then I just want to get down to paragraph 3, the
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agreement.
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Q: And this participation plan had two parts. Part A had nine
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conditionsMr. Coughlin: But, I had already signed one of these plans like
months beforehand.
Judge McElroy: Let her finish the question, Mr. Coughlin.
Q: Part A has nine conditions and Part B has nine conditions,
correct?
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Mr. Coughlin: Let me review this first. I see were it says you can't
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cooperative effort with the LAP, I agree to follow the conditions I will.
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And then it sets forth the conditions, correct? The conditions we just
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discussed?
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Q: Did you agree to follow the conditions set forth in Part A and
Part B of this participation plan, correct?
Mr. Coughlin: objection. We are just asking the same question
again and again.
Ms. Kagan: You haven't answered the question.
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Q: You agreed to follow the conditions set forth in Part A and Part
B of this exhibit, correct?
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outcome. To date we have not received any information from you but
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and appear not to have gained insight regarding your alcohol abuse. In
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Mr. Coughlin: Is that is that the one where you were making a lot
of threats about it and?
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items are not received by this office by close of business on December 1 st,
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2006-
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Ms. Kagan: But you didn't give me another one until April 20 th,
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2007, correct?
Mr. Coughlin: Well, you didn't give me a lot of the damn exhibits
until the third day trial, so what's your point, Susan?
Ms. Kagan: Just answer the question, you didn't give me an
authorization until April 20th 2007, correct?
Mr. Coughlin: I'm not sure of the day.
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Ms. Kagan: Even though on January 3rd, 2007 another letter was
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January 3rd, 2007 to Mr. Coughlin and encloses the a LAP authorization
form. Please sign and date the form returned to me by close of business
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believe we talked about how the fact that your authorization form had
lapsed and that was inconvenient for you to get another one. Which
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questions.
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Nevawta.
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into evidence at this point I think what you need to do is read into
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The answer about convictions. So why are we spending all this time on
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question what I'd like to do is turn back to the last going on to page 11
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line one page of Exhibit 1 and in second paragraph of that page about
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five lines from the bottom this is actually discuss the arrest that took
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officer. Can you go into a little detail about the actual arrest answer no
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answer well I'm going to object to that question what's your basis
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answer well given the language and the other sections of this
believe it's 12.1 this is an incident for which I'd be under a duty to
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answer the question and then we can have the question certified and
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take it to the court and see whether or not you're going to be ordered to
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have to read the deposition transcript. Since you can't recall anything
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that you've ever done this is why it's taking so long. Let's go ahead.
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the fact that your own application says that those arrests that don't
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mean is is that that has to be applied to everybody the same way and-
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Ms. Kagan: Mr. Coughlin there'sMr. Coughlin: I'm not finished with my answer Ms. KaganJudge McElroy: Give your explanation. You admit that you
refusedMr. Coughlin: no I'm saying I asserted that it was an improper
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question given that the academic dishonesty investigation did not lead
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Q: Mr. Coughlin, the question was you refused to testify about the
academic dishonesty investigation, correct?
A: I asserted a privilege.
Q: At your deposition on March 2nd, 2007 you refused to answer
any questions regarding your alcohol use or the LAP program, correct?
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Q: Page 29.
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true that you actually attend Alcoholics Anonymous answer I'm going
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to object to that question what's the basis for your objection answer
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privacy grounds and the fact that the second word in that is
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Regarding that?
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about alcohol for a long, long time. You asked me this and that the
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other and talked about you know me going to AA meeting since I was
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like three years old and all sorts of stuff like that so.
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meetings as a child, so. Question why was that answer I don't know
question you're handing me back the exhibit you don't know why you're
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disgust for the Fourth Amendment and any privacy rights individuals
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in this country might have that might conflict with your making
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money as a prosecutor?
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Ms. Kagan: When is the last time you had an alcoholic beverage
answer I'm not sure and I'll objected on privacy grounds as well
question starting on page 33 if you don't want the State Bar to know
about your attendance at Alcoholics Anonymous or anything about
your relationship with alcohol why did you include this information in
your application update answer I'm going to object to that question and
the way it is phrased. I believe its leading and you're saying if I don't
want the State Bar and that's not something I said that's something you
just said question excuse me strike that Ill rephrase my question-
record.
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Mr. Coughlin: Is she going to read the whole thing into the record
orJudge McElroy: whenever you deny that you said it, she can
impeach you with the deposition transcript.
Mr. Coughlin: I am not denying that this is a record of the
deposition.
Judge McElroy: Or if you cannot recall.
Mr. Coughlin: What have I not recalled about this question?
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that you're refusing to testify about your relationship with alcohol and
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when did you first start going to Alcoholics Anonymous answer I'm not
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sure can you define going question when did you first start attending
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Mr. Coughlin: Can I use the restroom, Your Honor? I really need
to use the restroom.
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was three years old so question what about in the last five years have
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you been attending Alcoholics Anonymous meetings for the last five
years answer I'm not sure can you just define attending for five years?
Does that mean once in five years or a hundred times in five years
continued on page 34 question at any any any at all did you ever go to
Alcoholics Anonymous meetings in the last five years answer, I'll object
reasons also get you have a problem with alcohol answer object to that
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shippers which isMr. Coughlin: And I am not going to answer that, either. Am I
allowed to do that?
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those. You can't just say no I'm not gonna answer and have it reflect on
your candor. You said, your order was that you have to answer that.
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your candor, I'm letting the record speaks for itself. What's the next
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question.
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26th, 2007?
A: In Kaylaphone-ya, Yes.
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courtroom and at this point. Mr. Coughlin has said that he cannot,
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he's not sure of the date of his last sobriety, he's said it four or five
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times. I don't think we need to go into this area anymore. So, I'm
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going to ask that we move on to another area. He's not sure whether
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he had alcohol in the last four years. He's not sure whether he had it
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in 2005-2006. He doesn't know his sobriety date, the court knows it. So
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Ms. Kagan: Yes, Your Honor. Mr. Coughlin, are you employed
currently?
Mr. Coughlin: I'm going to object to that. That's not something I
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Mr. Coughlin: But, earlier I could say no I'm not going to answer
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that?
Judge McElroy: Mr. Coughlin, the objection, I've overruled, your
objection.
Mr. Coughlin: That's something I keep private.
Q: Have you had any employment between February 15 th, 2007 and
today?
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Cingular and that you were terminated because you missed two days of
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did a research assignment for Tom Hall question why did you leave
recall that the manager mentioned to me that he didn't feel I was cut
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stand when I was in third grade, too? How far back we gonna go, is what
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I want to know?
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for Martha Stewart in Ecuador when I was in second grade can go back
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Q: Mr. Coughlin, and during that same year you were employed at
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the law firm of Hale Lane for approximately five months correct?
Q: And you were let go from that position because as you testified,
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didn't seem to follow but I'm a man of the law, so I'll go ahead and try to
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Ms. Kagan: Line 5, question why did you leave that employment
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answer I was told I'm not sure questions did you voluntarily leave
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that employment answer I'm not sure question were you fired answer
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I'm not sure question what was the reason that you were provided
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Mr. Coughlin: Can I just aimlessly bring up things too for hours
on end? If you had something worthwhile I don't think you would need
to, you know, dig in to a hundred different little things and try to make
regarding the emails that you sent to Professor Tratos, the contents of
those emails you testified that the only thing that you would change
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specific questions do you believe I would like you to describe what you
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answer I'm not sure I don't know quite what you mean by professional
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question-
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lot more carefully I was 24 when this was going on question would you
handle this differently today answer yes I believe I would question how
so answer they would be a lot shorter question the emails answer yeah.
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Mr. Coughlin: And your question earlier was was whether that
was all I had to say about that?
Ms. Kagan: My question was I believe when asked about what you
would change about the content of the emails you say that they would
be a lot shorter.
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Mr. Coughlin: It's kind of leaving out a few things. And that's
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why I say a rogue prosecutor like the Duke Lacrosse case because
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Ms. Kagan: Lynn Thingvold, she's a paralegal with our office and
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evidence the court has admitted only one through six then it has been
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page 78 lines 5 through 13, page 73 lines 14 through 23, page 60 line's 21
to 25 and page 61 the entire page, those are the ones it's going to be so
60
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Judge McElroy: what pages? I don't have the pages that were
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admitted.
Ms. Kagan: I don't believe I read any pages from that that
deposition on to the record.
Judge McElroy: ok so then it's not admitted. Exhibit 71 what is
that? That's not been admitted yet and then 72 was admitted in its
entirety and and that's all I have.
Ms. Kagan: Your Honor, there was something regarding the
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maybe I just read into the record regarding the fact that Mr. Coughlin
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Judge McElroy: yeah but I don't know what pages, do you have the
pages?
Ms. Kagan: Page 108. I think lines 16 to 22.
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Judge McElroy: ok page 101 line 6 to 13. so that's fine that's all we
have right?
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photographs however they are in Nevada and while they did promise to
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come they never returned the subpoena and then stopped returning our
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calls.
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terms of the Exhibit 74 the patent agent exhibit here's the problem
with that Mr. Coughlin has always been listed as an agent and now he
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Ms. Kagan: Well he did put into his Exhibit 3 which is the update
that since he has been barred in Nevada that makes him an attorney
with the patent bar, Exhibit 3 page 4.
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patent attorney.
Ms. Kagan: Right, says he is licensed as a patent agent since May
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2003.
Judge McElroy: right and he still is a patent agent.
Ms. Kagan: correct but from that statement it appears that he
claims to be a patent attorney.
Mr. Coughlin: Your Honor I don't know that I am not a patent
attorney.
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patent attorney.
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all.
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Ms. Kagan: The fact that he has only listed as an agent and he has
been listed as an agent since being licensed in 2003 but now claims to be
an attorney?
Judge McElroy: unless you can have someone come in and say that
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Ms. Kagan: Well, Your Honor, I would say that that's his burden
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patent attorney.
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Ms. Kagan: Well, Your Honor, there are two different distinctions
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listed of his at this point. I don't know whether you become one
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automatically or if there's some process you need to report that to. But,
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something off the internet she found when she did something like a
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Google search for something I just don't think that that really rises to
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and testify and then I have to look at it under evidence code section
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5052 but the point is, I'm saying, I don't know what the point of it is I
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just don't see the point. He was listed as an agent he says he's listed as
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Ms. Kagan: I think its relevant, Your Honor to the fact that he
hasn't admitted that he's listed as an agent as of right now.
Judge McElroy: I though he was listed as an agent?
Ms. Kagan: He said he was licensed as a patent agent.
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USPTO website and gives you his number! He's an agent. I just don't.
Mr. Coughlin: We have the certificate as well Your Honor.
Judge McElroy: I just don't see why this is being belabored. He's a
licensed or an agent says his number 53905.
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Ms. Kagan: I-
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Ms. Kagan: And he just said right now he doesn't even know what
he is listed as.
Judge McElroy: Document number three is admitted into
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evidence, he has said that he's an agent. The court understands him to
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a website that he's already admitted that he's an agent that's fine. I
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Mr. Coughlin: Because she might come back with some line about
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that later, you know so. He's just an agent he said, whatever.
(The oath was administered to Bill Stephens.)
By Ms. Kagan:
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A: 23 years.
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A: Yes.
Q: and as part of your work on this matter did you contact the
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A: I wrote a letter.
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Judge McElroy: Mr. Coughlin, I've made my ruling. Please let her
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copied on the front page of the facts and the authorization and release
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A: yes it is.
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A: yes I did.
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Ms. Kagan: Let the record reflect I'm handing the applicant
Exhibit 77.
Mr. Coughlin: I object Your Honor I haven't seen this exhibit.
Judge McElroy: I have to look at it myself.
Ms. Kagan: I am handing a copy to the Court, the original to the
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A: yes I do.
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Q: and how do you recognize it because I'm the one who received
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Judge McElroy: The time for admitting was two weeks ago.
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ticket six years ago and that's the whole reason for bringing Mr.
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Judge McElroy: So at this point you will stipulate that you had
speeding ticket?
Mr. Coughlin: I want to see what she's trying to prove.
Judge McElroy: ok so let her prove it okay go ahead.
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Mr. Coughlin: No. But even if all this can be proven true, does
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program, the combative Sipowicz like NYPD Blue type behavior that
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evidence.
Judge McElroy: Its admitted.
Mr. Coughlin: I object.
Q: Did you perform an internet search regarding his registration
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with the U.S. Patent and Trademark Office and what was the results of
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that investigation.
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it to a memo.
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Q: Can you please turn in the witness binder to Exhibit 74, a twopage exhibit first page is dated May 7, 2007 the memorandum Susan
Kagan from bill Stevens and the second page is a United States Patent
and Trademark Office print out. Do you recognize Exhibit 74, Mr.
Stevens.
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overruled.
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Q: Mr. Stevens what did you understand you were coming here to
testify about today.
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A: I am not sure that correctly states what we've just gone over.
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and 76 and then 74 the US patent trademark office memo and print
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out do we?
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A: Yes.
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A: No.
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Q: did you make any direct contact with something you could
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A: No.
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didn't do something.
Judge McElroy: Ask the next question.
Mr. Coughlin: because I'm going to remember that one. I didn't
understand why I didn't do that.
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Mr. Coughlin: Okay and what did your DMV investigation yield?
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A: No.
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A: No.
Q: Can you tell me did you get paid for working on this?
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Mr. Coughlin: Am I not able to ask him any questions about his
compensation?
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to ask him?
Judge McElroy: that's correct. I've made my ruling. What's the
next question.
Mr. Coughlin: can you tell me does that DMV printout say I got a
speeding ticket or?
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Judge McElroy: I'm gonna go ahead and let him ask the question.
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Mr. Coughlin: Sure, Mr. Stevens I will repeated it. Does that
DMV printout say I got a speeding ticket?
A: I don't know.
Q: would you mind considering that? It was your investigation so
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I'm just trying to you know get it straight from the guy who got paid
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Mr. Coughlin: you don't know if I got a speeding ticket? Can you
give me your recollections about what you do know about me and this
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Mr. Coughlin: okay, but earlier you said what were what we're
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right?
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Judge McElroy: I have done more than help you with this case
and it's as far as I'm ready to go at this point. You are a lawyer.
Mr. Coughlin: In Nevada.
Judge McElroy: In Nevada. A lawyer nonetheless, so you need to
proceed like a lawyer.
Mr. Coughlin: so I'm a lawyer in one state but not in this one?
Judge McElroy: apparently.
Mr. Coughlin: Mr. Stevens did you tell anyone during the course
of your investigation any information about me?
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Mr. Coughlin: Mr. Stevens did you tell anyone that you thought or
someone else thought I was an alcoholic during the course of your
investigation?
Judge McElroy: I am going to let him ask the question. I know it's
beyond the scope of direct but he can put him on his own witness and
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this is to save time what's the question did you tell anyone in the course
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indicates that you think or someone else thinks that I'm an alcoholic?
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Mr. Coughlin: I don't have the memos Mr. Stevens so perhaps you
could speak for them.
A: generally?
Mr. Coughlin: sure. Well, how about tailored to what I asked you
originally?
Nevada's version for physicians of what we call The Other Bar and he
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Mr. Coughlin: okay we're there any were there any steps you took
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to maintain my confidentiality?
A: yes.
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to LAP and to the State Bar in general and asked only those questions
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of such people that could answer them with the knowledge of the
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release.
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applications such as Mr. Tratos, Ms. Smith Mr. Staheli, the Nevada Bar
State Bar, Bar Examiners of the State Bar. I don't know if thats an
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Mr. Coughlin: ok thank you. Can you tell me what in the course of
your investigation would you say was the most damaging materials?
Ms. Kagan: objection, relevance and also Your Honor, this goes
beyond the scope of direct, if Mr. Coughlin wants to call Mr. Stevens he
needs to subpoena Mr. Stevens.
Mr. Coughlin: I was told that all witnesses and exhibits that were
listed by the State Bar would be available to me.
Judge McElroy: They are not available to you, but since he's here
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you can call him as your witness why don't you call him as your
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witness?
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Mr. Coughlin: well that's candor, isn't it? To put the case wide
open, isn't it? Does that display candor? Isn't that the issue in this case?
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Judge McElroy: Mr. Coughlin, I'm not going to argue with you
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anymore. I told you it's beyond the scope of direct. I've given you a lot of
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leeway in terms of the direct and going beyond the scope of direct.
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Mr. Coughlin: and so even going into what those documents say, is
that within the scope? Or is it just?
Judge McElroy: it's what the documents say. He's already testified
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Mr. Coughlin: Okay, Your Honor. I'd agree with you and I have no
more questions. Thank You Mr. Stevens. Can I call Mr. Stevens
directly, then?
Judge McElroy: sure he's here you can call him as your witness
and you're gonna have to proceed with no leading questions.
Mr. Coughlin: Mr. Stevens, did you find any exculpating type
material in your investigation?
Ms. Kagan: Objection, asked and answered.
Judge McElroy: I'm going to go ahead and let him ask that.
Mr. Coughlin: How could he have answered if you objected to it
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Q: did you find any material that would tend to hurt your case?
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A: no.
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Q: No? So, was your communication with Mr. Torson such that
would be material that would tend to hurt your case?
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A: no.
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Q: but the people who you work for and who pay you, their case?
A: No.
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maybe wasn't neutral to Ms. Kagan's stance where, you know, she
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Q: she's got a side, right? She's got an agenda that she's putting
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forth and you're getting paid by her or her employersMs. Kagan: Objection. And I'm going to sustain the objection this
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question is going nowhere. Q: Can you tell me what Mr. Torson told you
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believe he said he felt you're a good guy. That he may have known the
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member of the Nevada State Bar Association ethics Committee that you
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know.
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Mr. Coughlin: It's not trying to prove the truth of the matter
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irrelevant.
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Mr. Coughlin: But its not being offered to prove the truth of the
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matter asserted.
Judge McElroy: Then it's not relevant at this point, move on.
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A: yes.
A: Yes.
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Q: and did you tell Ms. Kagan about Mr. Torson, and what he told
you?
A: can I speak about what I tell our attorney?
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A: I can't remember.
Mr. Coughlin: Okay, because he was one of the phone numbers
given with Mr. Torson's.
A: Okay, wait, the question. You can't editorialize.
Mr. Coughlin: I'm trying to jog his memory.
Judge McElroy: He says he doesn't remember. Unless you have a
document to present to him let's move on to the next question.
Q: Remember when you originally listed the individuals you
spoke with?
Did you list Mr. Torson?
A: yes.
Q:you did? Was there any other individuals? I'm not talking
about entities like the DMV or this this bar that bar, I am talking
about individuals that perhaps Ms. Kagan was given the contact
would up investigating?
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Q: For instance, how did you get Mr. Torson's contact info?
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A: He provided to us.
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Q: He provided it to you?
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A: Yes.
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Q: And that was what spurred you to go and call him? You made a
call, I assume, to him?
A: yes.
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A: yes.
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Mr. Coughlin: I don't need to know about the DMV and- I recall
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Mr. Tratos, Ms. Smith, Mr. Staheli, the Nevada Bar Association, the
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Examiners. It's not an exhaustive list but that's all I can remember off
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you have something in front of you that you're reading from or looking
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at? I noticed you're looking down you're not looking at some notes or
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something.
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A: No.
Mr. Coughlin: yeah okay.
Mr. Coughlin: Did you make any attempt to- I notice you called
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Q: okay, and did you contact the Second Judicial District Court
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Q: Okay, so here you have a district court judge and you have an
opportunityJudge McElroy: No editorializing. Ask a question.
Mr. Coughlin: that's what he is. Editorializing would be giving an
opinion on that, right?
Judge McElroy: So, okay, we have a district court judge. What?
What is the question.
Q: Okay, so you are doing an investigation on my character, and a
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Mr. Coughlin: You don't need to tell me whether you can answer
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investigating a case.
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Q: this case?
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negative?
Ms. Kagan: objection, relevance.
Judge McElroy:.Sustained.
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irrelevant, and we're not getting anywhere. So, I'm going to exercise my
right to limit your cross-examination, at this point, unless you can get
to the point.
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Judge McElroy: that means I will give you another five minutes.
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Q: yes, Your Honor, thank you. Can you tell me why you didn't
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Ms. Kagan: And the State Bar will call Lynn Thingvold to stand
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next.
Judge McElroy: Okay, and that's regarding?
Ms. Kagan: The rest of the DMV records.
Ms. Kagan: The State Bar calls Lynn Thingvold to the stand.
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By Ms. Kagan:
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A: yes.
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A: a paralegal.
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Q: how long have you been a paralegal with the State Bar?
A: Approximately 19 years.
Q: did you have an opportunity to work on the matter of the moral
character case Zachary B. Coughlin.
A: Yes.
Q: and as part of your work on this matter were you at all in
contact with the Nevada Department of Motor Vehicles.
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from either you or Mr. Stevens, I can't recall at the moment, and it
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Ms. Kagan: now, the document that yourMr. Coughlin: objection, relevance. I don't know what we're doing
with DMV stuff at this still-
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recognize it?
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A: Yes.
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Q: How?
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handing Mr. Coughlin a copy of Exhibit 75. And I am giving the court
a copy of Exhibit 75. And the original to the court administrator, and a
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A: correct.
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A: I do.
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A: I believe so.
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A: Correct.
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A: correct.
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A: correct.
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A: yes.
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Exhibit 64, a 14-page exhibit the first page State of Nevada Department
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Exhibit 64?
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A: yes I do. I believe this is what they sent back. I received back
from them in response to my letter.
Ms. Kagan: Your Honor I request to have Exhibit 64 moved into
evidence.
Judge McElroy: Its admitted into evidence.
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Mr. Coughlin: yes, Your Honor. Hello Ms. Thingvold. How are you
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feeling today?
A: I'm okay.
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Judge McElroy: I'm going to go ahead and let you ask the question.
I'm going to overrule the objection. I'm going to a little detection I'm
sorry state the question again for me can you tell me what this
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basically what this DMV record says? Basically, what was I convicted
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of.
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convicted of, but I did notice at the bottom of this page there was a
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number. So now I can't tell you what you were convicted of.
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Q: So, if this was a charge for driving 10 miles over the speed
limit, you would not know?
A: No.
Ms. Kagan: objection, relevance, and beyond her personal
knowledge.
Judge McElroy: I am going to overrule the objection. She's
indicated, no, she wouldn't know. So what's the next question.
Q: so do we know whether these are for speeding or some other
type of infraction?
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A: I don't know.
Q: you don't? Okay, did you not follow up on that with the DMV
when you received these documents?
A: No, I didn't.
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the letter toA: why don't you just ask the question?
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citation?
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begins: I'm requesting the following documents from your agency and
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3/1/07 from 1/9/03. in Exhibit 64, would that be the the citation
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one that ends in 317, hat's right above that R115317 and, prior to that, it
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knowledge.
Judge McElroy: Sustained.
Q: Ms. Thingvold, in a lot of these failure to appear, one ends in
085B and one ends in 085A. Are those related to the same ticket?
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that are listed here the 878A and the 085A and the 085B, which both,
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the A and B ones, both stem from the same date, 5/31/01 and the 87A
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stems from 2/24/00? Those are the dates of those, correct? So the are
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A: I can only say what this piece of paper says and it has an end
date of the date that you just gave.
Q: Okay, and can failure to appear be for failure to have proof of
insurance?
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Judge McElroy: Its sustained and it's also irrelevant. The issues is
you didn't report these failures to appear and were supposed to report
them.
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report?
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you should include all such incidents and convictions. This is in the
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Mr. Coughlin: I'm just telling you what this is from. This is from
the State Bar's application to practice law, moral character. It's under
the sections which direct you what convictions you need to report. It
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says in answering the following questions you should include all such
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incidents and convictions no matter how minor the incident, and it goes
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you are here to verify, do those speeding tickets qualify as any of those?
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Q: Ms. Thingvold, can you tell me what type of work you did on
this case?
Q: Can you tell me how you would describe the purpose of your
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to appear, that one can pay a late fee or fine for failing to appear and
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taking care of whatever underlying citation there was and then that
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Judge McElroy: Why don't you give her an opportunity to read it.
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suspension of one's driving privilege, one need paid the fine related to
A: I believe it says you can prevent the suspension if you pay the
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court fine and obtain a clearance from the court before 6/27. I think
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Q: Okay, thank you. And on page 4, can you tell me, dealing with
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citation 085B, which is mentioned in your letter of Exhibit 75, does that
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A: it appears to.
Q: Okay, so, the failure to appear then would be for not paying the
fine and presenting proof of insurance on time.
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supposed to report it to the State Bar. You did not report it to the State
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Why are we talking about speeding tickets when they're not even
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convictions.
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and say you were convicted of these three things and have no idea what
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they are-
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and failure to report. Okay, so, Mr. Coughlin, do you have any other
witnesses?
Ms. Kagan: Your Honor, the only other witness I have is Dr.
17th.
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Judge McElroy: you're not going to be allowed to call her. So, any
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other witnesses?
Mr. Coughlin: may I ask why?
Judge McElroy: No. Do you have any witnesses?
Mr. Coughlin: I would also like to point out that citation-
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Judge McElroy: yes, you do. Yes, you can and also you are under
oath, you understand that?
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point out some things that were reported. Your Honor, every arrest I
had was reported promptly to both state bars and the things that Ms.
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where one has reported something far more serious, the court has
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as not having proof of insurance or being late to pay the fine for proof
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conviction for a dry reckless and has reported the movie theater arrest,
which didn't even lead to a conviction. I point out that under page 12
not be reported. So if that doesn't go above and beyond what's called for
in terms of being having candor and being forthright with the bar, I
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Mr. Philip Burn's, the Student Judicial Affairs Officer UNLV, his one
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page, and I believe this is the exhibit that we looked at with Dean
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ruling says. In that I quote from Exhibit 1, page 25, this is paragraph 3
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after this the bottom of it: after the Student Judicial Affairs Officer
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part. How Ms. Kagan can try to turn this into I somehow didn't report
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things that really stand out to me and not take up any more of your
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time with things that I don't have a good faith belief are important to
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this case is the LAP program. I don't know if you've ever seen a LAP
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program brochure like those that are out in the hallway before your
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program is and I would say that I have trouble understanding how this
with the State Bar which called for and Ill quote verbatim the LAP
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myself and the State Bar dated July 2004. that would be Exhibit 38,
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in bar journals and the like and can result in someone like myself
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biggest Catch-22 in the world? Where we're going to say we are such a
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confidentiality-
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whereupon I entered into an agreement with the State Bar which says
that my recovery and I'm quoting from Exhibit 38 page two paragraph
an agent from the LAP program. How that can turn into getting all my
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medical records and presenting them to the bench? How that can turn
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into having that in an opinion? How that can amount to if you look at
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the LAP's- and in this goes to something we spoke about in one of our
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teleconferences, Your Honor wherein, you said thatJudge McElroy: Please. The issue is whether you have the
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Mr. Coughlin: does it have to do with one's candor? If one has been
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be all that candid? If one has no faith in the people who are-
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Judge McElroy: Okay, what's? Come on, let's move on with your
testimony?
Mr. Coughlin: well, it's you need to show candor, but is that in a
vacuum or does that depend who I'm talking to? You know, if I'm
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and you.
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Mr. Coughlin: So, I get 15 minutes but we can take an hour and a
half to verify documents from the DMV?
Judge McElroy: yes.
Mr. Coughlin: To prove speeding tickets that didn't even need to
be reported?
Judge McElroy: That's correct, go ahead.
Mr. Coughlin: Okay, I just want to be sure. So, I'm still confused as
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about. Just please testify as to rebutting the State Bar's position that
That's what you're on trial for, what you are on the stand for right now.
That is not evidence. Don't tell me you're confused or that you don't
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Mr. Coughlin: I feel that the State Bar's assertions that I don't
have this character that they speak of are without merit. Chief among
the State Bar's assertions relate to my reporting of academic
investigations or something stemming from my time at UNLV and that
would relate to the questions in the application. Exhibit one, for
instance, wherein it calls for reporting any sort of censure or
punishment meted out by a school. I'm saying in my application not
only did I in my opinion say everything that had anything to do with
that moving a computer issue. I reported I was fined a $100. I reported I
moved it. The only real issue we seem to have is how far I moved it. I
said 10 feet. The witness says it's in a room that's all oblong, that's no
larger than this room. So to say I somehow didn't report that I think is
baseless or that my reporting of it was somehow inaccurate I don't see
where there's an issue with that at all. So that will lead to the State
Bar saying there's an issue with my reporting of the paper
investigation for which Mark Tratos' testimony was to speak to. Well I
direct the court's attention to Exhibit 1, page 25, wherein if you consider
the last two paragraphs, and this goes to candor and rebutting the State
Bar's assertion that I was somehow misleading in my reporting of this,
and I know Ive already hit on this, but I just want to take one second to
point this out again is that I did report there was a investigation. An
able to get the story from someone besides me, you know? So largely just
straight out of Mr. Burn's report. I'd also like to mention that I'm not
entirely sure that I didn't provide that report to the State Bar. That is
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State Bar.
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Mr. Coughlin: I don't recall it ever being proved how they got a
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hold of that report and whether or not itJudge McElroy: The question is did you give them this report? Did
you give them this report?
Mr. Coughlin: I'm not sure.
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Mr. Burns's opinion letter on this says the same thing. So where the
gather it's from the sentence that says there was a formal letter of
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and I think what I need to do is direct your attention to what the court
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okay? I've heard enough evidence on that. The issues here are the
the failure to appears. There's also the civil judgment and defaults that
you didn't report. There's also your employment history, your address
history and your financial obligations that you didn't report. You
issues. They were not reported. They were material omissions that were
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pertinent?
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All I'm saying is that they're not on your application and they're not
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were not on your application, why they were not given an update until
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Mr. Coughlin: so we can't we can't ask her that? Ms. Kagan is not
the Committee of Examiners. You were supposed to report this to the
Committee of Examiners. She is not a member of the Committee of
Examiners. You need to offer an explanation as to why you did not
report these things.
Mr. Coughlin: Okay, and that's true even when Ms. Kagan came
into the picture?
Judge McElroy: that's true even when Ms. Kagan came into the
picture.
Mr. Coughlin: so anything I report to her cannot be said to have
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been reported to the State Bar? So, in essence, if I didn't send my update
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to the State Bar, I still haven't reported it to them, right? About the
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financial stuff?
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Mr. Coughlin: And September 15, 2007 is the update I sent? The 30
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to 40 pages with the something like 800 AA signatures that show a one-
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hour meeting for each signature? Of course the phone call with Ms.
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Kagan would have taken place prior to this. I find the fact that Ms.
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reporting the financial debts I owed earlier. For not reporting the
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business, although I can't say I knew I had to report that, I know there's
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language that says you have a continuing duty and if you look at this
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application. You know and you read it verbatim and you can
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of this stuff then you might say well yeah I do because right here in
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page 30 you know paragraph 2 sub 1 it says you need to report. But, I'm
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afraid I only reported the things that really I was quite sure needed to
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be reported. Things like being arrested things that stood out as having
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you know a salient quality to them within this application. I've seen
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reported something more serious, like an arrest and the court took note
found something like not reporting failure to appear that stems from
getting a law license after going to law school and passing the bar exam
issue here, I think a certain amount of, I don't want to say common
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sense, but I think a certain amount of- that's just, that's just too harsh.
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We're going to turn this guy's law license down because he didn't report
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he had a speeding ticket? That's a little harsh I think and I think that
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sends a bad message out to people about this profession and sends a bad
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about reporting that I was in business for myself. With regard to the
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some point probably after Ms. Kagan indicated that to me. I didn't
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realize that there was case numbers and cases against me. I thought I
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had been evicted, I didn't realize the implications of that. If there was
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some hearing that took place later I didn't know about it and so
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application backwards and forwards from what I can tell and perhaps I
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could have somehow known that. But, I don't see- I don't know that we
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against me. I think we can prove that I had been evicted, but I don't
know about if those are the same thing. Maybe they are, but that's a
reported, however I can say that at the time that judgment occurred
and just by way of reference, I was terminated from the LAP program
I've been terminated from the LAP program, I don't know.. and even
prior to that I don't know that I have a duty to report something. Now
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there might be a rule saying just this but that I have a duty to report
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something after the State Bar has turned me down as well. At that
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application from 02 I don't believe the State Bar has shown that there
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somehow misleading about. All the issues the State Bar is taking is
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reported. At that stage of the game, I'm in litigation with the State Bar
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or earlier than that I had an attorney, Mr. Fishkin. Mr. Fishkin knew I
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tell him not to report. I would submit to you that I did make mention of
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this litigation and that Ms. Kagan indicated me that I would have an
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opportunity-
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Judge McElroy: okay it's not going in for the truth of the matter
stated, it's going to, it's relevant to your state of mind, ok Ill let it in.
have an opportunity to update the State Bar with regard to the things
point Ms. Kagan must have changed her mind because she filed her
application which-
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it's relevant to his state of mind and how he. I will go ahead and let him
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testify.
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late 06 and if the judgment didn't come until I believe around either
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that need to be reported. I don't know that and if indeed I did become
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something one needs to report I can't say that I knew that I wouldn't
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that I was sure that my appeal avenues had been exhausted in that
regard. As far as not reporting stuff that's pretty much all I wish to say
about that.
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it?
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Judge McElroy: yes. You have reported the law school computer.
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You have dealt with that issue. Dealt with the employment history
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and your termination. You- we, you dealt with the U.S. Patent and
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Trademark Office.
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Judge McElroy: you dealt with the issue of the U.S. Patent and
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Trademark Office. You dealt with the substance abuse issue. You dealt
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with the conviction issue, and now you've dealt with the material
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omissions, issue.
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reporting. Okay, and we have dealt with the civil judgments in default.
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Mr. Coughlin: I would like to make a few statements about the not
reporting of things like the address, andJudge McElroy: Go ahead.
Mr. Coughlin: Upon a review of this and the dates of my address,
you can tell, and in fact my reporting arrests that didn't even need to
be reported to the State Bar, which I did in my original application
with regard to the movie theater arrest, but also in my prompt
reporting of the DUI to dry reckless conviction arrest, you see a trend
here. It's anything that, that you know, obviously needed to be reported
was promptly reported. I believe yourself, myself, and Ms. Kagan, we
could point to issues or situations where we are vaguely aware or we
might be aware that some prospective attorney didn't report something
like a DUI or didn't report this or that and got away with it and that's
not what's going on here. I reported my arrest promptly. I reported the
movie theater arrest which wasn't even required to be reported. Also I
went in and brought up the subject of alcoholism with a Committee
that has a LAP program in its infancy that perhaps hasn't gotten all
the kinks out yet. So, to me there's so much candor going on here that to
try to say that that's undone by not reporting an expired license plate
ticket failure to appear doesn't seem right to me. But also just what I
really wanted to get at was, okay, they are saying you're not really
keeping us updated in the way we'd like to see an applicant do it. You're
reported, but things like . and I can say, absolutely, I agree with you, I
should have done a better job of that. I should have been more
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thing like this with three different state bars. And it's been longer than
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five years, because all this, what you see in these exhibits started to
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occur and late 2001. and so now we're in May 2005, or 2007. So that is
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something like six years and change of going through this. And that's
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on top of taking and passing three bar Exams, getting out of law school,
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but through a great deal of student loans, and saving, and sacrificing.
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And, so you know, for a lot of people that's tiring enough, just doing
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that, and then going starting a job where you get paid a good deal of
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money is tiring.
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Well, I didn't do that. I did all that and then I got three and a
half years of waiting and litigation with Nevada bar. I got to go to, I'm
thankful for this now, but I got to go to something like 800 AA
meetings. I got to have an extensive involvement with the State Bar
which is culminated in a trial that's going to last at least four days.
And this is in the context of having documented, established chronic
back and neck pain, ADD, and perhaps some other issues that I would
ask if you have the time please review my doctors records that are
included in these statements. Because, I think, if I'm going to go to the
trouble to pay all these people to make these records on my dime, in,
you know, which if we get into the LAP stuff will show a LAP
statement where they say nobody will be turned away because they
can't pay. We will pay for you if you need help with the LAP. That
wasn't the case with me because I wound up paying all these doctors for
their reports and and a lot of stuff. So my involvement with LAP and
physical problems I face on a daily basis like chronic back and neck
pain, ADD and you know whatever other issues we want to talk about.
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And I'm certainly not going to get into alcohol related things because of
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honest discussion about that with the State Bar. But all that in total
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can wear you down a great deal. And so you may not be on top of your
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game and you not might not be reporting where I lived from when to
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when to the State Bar as promptly as you should. But I would just ask
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that you try to give that some consideration. And other than that I
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don't think I have a great deal to say other than, I think it's a shame if
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someone like Judge McGee, a district court judge, doesn't get have an
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screen taken at this independent medical exam. We're still going to get
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Mr. Coughlin: If the court doesn't mind, I'd like to have the
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Ms. Kagan: If for some reason the doctor can not come back on that
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Judge McElroy: Notify the court as soon as possible and also the
applicant. We are off the record.
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5/22/07 Transcript:
Judge McElroy: This is a matter of Zachary Coughlin. Today's
date is May 22nd, 2007 and it is the fourth day in the trial matter
Coughlin is not here. This is their fourth day of the trial and it's the
fourth day that he's been late and we have waited 45 minutes. Other
times we waited an hour, and other times we waited an hour and a half.
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Mr. Coughlin called the court at a quarter to nine and said that he was
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10 minutes away. The court called him again at 9:45, excuse me 9:30 and
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told him to be here. He said that he was the 10 minutes away. And he's
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still not here. So, we're going to resume without him, okay?
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A: yes.
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Q: can you just explain what the field of addiction medicine is?
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interested in the biology and what's going on in the brain and the body
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A. yes it is.
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Judge McElroy: 71A is moved into evidence and the record should
reflect that Mr. Coughlin has entered the court at ten to ten and we
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have started with the direct examination of Dr. Tucker. Did you have a
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A. Yes.
Q: When did you perform that evaluation?
psychiatry.
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A. yes, I did.
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A. yes.
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Q. Can you explain a little bit about what took place in the
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A. Sure, we met for three hours and ten minutes in my office and
that was after I had reviewed a number of documents which I listed
here at the beginning of my report. So, I was familiar with this case
and some of his background, which would have been contained in these
reports. And then we met for several hours. I performed a standard
forensic clinical psychiatric interview, got to know him as well as I
could. I asked the issues that are meeting up to this evaluation as well
as more broadly his psychiatric and substance abuse history,
developmental history, academic, legal history, his social history in
relationships, past medical history, family history. I really you did a
comprehensive psychiatric assessment and sat down and thought about
him and thought about the report and dictated this report.
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A. Yes, I was.
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A. well I have that my opinions break down into four areas. The
first one really is titled violations really more just a summary of the
about his substance abuse and the foundation for that. The third area
opinions with the foundation for them. Then finally starting at page 4,
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last sentence of the first paragraph, an additional test for the presence
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report. Have you since received the results from that test.
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A. yes, I have.
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transcript of Mr. Coughlin that was taken on April 26 th, 2007 before
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document which you sent me late in the game that I did not list here is
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K. Yes, was there a deposition transcript that was sent to you the
morning of your evaluation?
A. yes. I believe so. I believe there was.
Q. Do you recall whether that was a deposition transcript of Mr.
Coughlin's testimony from the day before?
A. yes there were, I believe there were two depositions. Let me just
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March 2nd which I got, and when there was a deposition part two of Mr.
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Q. Did that change the opinion that you came to in your report?
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A. no, it didn't.
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in this case.
A. no, I currently would stand by my opinions as expressed in this
report.
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A. That is based on what he told me, which was that he's not used
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it. This is the basis, he's an expert and experts are allowed to rely on
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hearsay information.
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attributing to me, that isn't necessarily the same as if I had said yes I
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actually said. It's just something that Dr. Tucker is saying I said?
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Judge McElroy: Is basing his opinion on. Dr. Tucker says that you
said.
Q: So, the testing. Is there a way that you can tell how long the
testing would be able to track any alcohol or drug use?
A: yes, the testing, the urine toxicology screens would be giving us
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information just for the previous several days, three days or so, the
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were consuming alcohol, and the liver function tests which I looked at,
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weeks. So, I would say it doesn't go back for more than several weeks.
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A: Yes.
Q: Do you believe that Mr. Coughlin is rehabilitated from his
alcohol issues-
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motivated to do that.
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describe here. When you say need treatment, I don't believe that he
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would be in any way considered, aside from some legal proceeding like
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I think the court or professional bodies might have some opinion about
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interfere with his life and the fact that the quality of his life and the
it's up to him.
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By Mr. Coughlin:
Q: Yes, thank you, Your Honor, I apologize for being late to Your
Honor, Dr. Tucker, and Ms. Kagan. Dr. Tucker if someone an alcoholic
and they drank for a week up to a test, wouldn't the tests show that
someone as an alcoholic would have a different physiology, perhaps in
terms of maybe the functioning of their pancreas or liver or something
in that area than someone who is not an alcoholic? Therefore stopping
drinking a week before a test would still show something that a nonalcoholic wouldn't show on such a test?
A: Well, as I was saying to me, it is possible, depending on the
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involved, because I only did liver function test, that somebody could
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that would not be reflected in the liver function tests. They could
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they stopped a month, you know, a few weeks, a month before hand, that
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Q: I notice you went into in your report, not just alcohol abuse or
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recovery therefrom but also into mental health issues, things of that
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sort, and you also went into the use of marijuana. In fact, I believe in
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here you also said I meet the diagnostic criteria for alcohol and
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the bar court, I was asked to I'm do a forensic clinical assessment which
abuse. Also, you had a DUI related to marijuana. So those would be the
primary reasons.
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Q: Okay, so when you say I had a DUI, can you tell me what that
means?
A: Yes, on January 23rd 2003 you were arrested for a DUI
marijuana. Pled guilty to a dry reckless driving charge and you were
court ordered to attend twelve step meetings.
Q: So, when you say had a DUI, would you distinguish between
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A: I would say just that you were arrested for a DUI is what I'm
referring to.
Q: Okay, so based on being arrested for DUI and what else led you
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making a diagnosis here, but led you to say that I appear to meet the
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marijuana use. You told me that you first smoked marijuana during
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and that this escalated after you moved to Sacramento. Got to once or
twice weekly, and that was related to your chronic pain, and this
Q: So all told though, just from what you're basing that on, that
right?
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should call it a diagnosis? Perhaps, if you have a term that you think is
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fitting for what you are saying here, then, by all means, please suggest
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it. But from what you are saying for this, someone could meet that
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criteria if they had had say drank alcohol, say, three times in their life?
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the number thirty. I haven't done the calculations, I'm not sure that
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is the marijuana with the alcohol. He didn't say alcohol three times. It
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was marijuana. You were talking about marijuana and then all the
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Mr. Coughlin: I'm not sure I understand, Your Honor, why would
it matter if I was switching?
Judge McElroy: because I would assume that there's a difference
between drinking 30 times and being termed an alcoholic versus
with this.
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Mr. Coughlin: Because there is not a one for one ratioJudge McElroy: I'm gonna sustain the objection. Ask the question
again, and don't confuse the two in terms of marijuana and alcohol.
Mr. Coughlin: I'm not confusing, I'm purposefully interchanging
them like that to highlight some of theJudge McElroy: Well, I am saying it is confusing, so let's ask.
Mr. Coughlin: I am purposefully doing that to highlight some of
the, what occurs in our societyJudge McElroy: Well, I understand, but it is confusing and vague.
Q: Okay. Then, let's just stick with drinking. Someone could drink
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about drinking and you had only the information you based your
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roughly thirty times in one's life. Could you do such a thing when
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marijuana?
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that it's about mathematics. I'm actually looking at what the numbers
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are. Your early twenties, you're born in 76, so early twenties might be
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six years and at 12 times a year that is 60 or 70 plus the amount of times
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that. If it was only once a month and as you said it was approximately
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tend to underestimate the amount that they use. So when someone says
arrested for a DUI with that, clinically I will often that may be
may hurt their position legally? Now, would it be fair for a judge to say,
well, that person admitted that one thing, I am going to go ahead and
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accurate?
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from the central point. So, I would not have gotten into a
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all of the sudden we had this marijuana issue popping up. And none of
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the exhibits or literature we have looked at before had brought that up,
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so, at this late stage of the the game, we're coming up with a marijuana
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Q: Dr. Tucker you mentioned that I'm not currently taking any
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A: Correct.
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medications?
A: yes, it looks like the Adderall was discontinued in September
2006 and that you also took Clonidine for two years. I am not sure you
told me the exact date that that was discontinued. You also mentioned
that you were treated with for narcotics for your pain including Lortab
and Oxycontin-
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A: I believe so. I don't see that right here in my report, but you
told me about issues with your father and the California LAP. You
decided the risks and problems associated with narcotic treatment were
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A: Yes.
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specialist?
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A: No.
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Q: Is there an x-ray that can tell you whether or not you have
chronic pain, or ADD, or alcoholism?
A: No, per se, but they can be important supporting information
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for a diagnosis.
Q: Do you recall a discussion about the radiologist's statements to
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with Dr. Otterness, the psychologist who was there that day and others
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attending that, that they told me verbatim that we don't feel you are
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Mr. Coughlin: It is not for the truth of the matter asserted, its just
toJudge McElroy: For his opinion, in terms of an overall diagnosis
of what your issues are. I am going to overrule it.
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Q: Telling me that you are not sober because you are taking these
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Q: Dr. Tucker, are you familiar with the Bar's LAP program?
A: I would say I have some relatively superficial familiarity with
the program.
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A: Not directly.
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Q: Indirectly?
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A: I don't believe I have been in trials such as this one with the
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Mr. Coughlin: And, so, Your Honor, would you say that is
sufficient toJudge McElroy: What is your next question?
Judge McElroy: I don't even know what question you are referring
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for, say, the radiologist to be telling someone that they are not sober
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Q: Why?
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suggesting.
Q: Also, management of complicated multiple diagnosis patients
who have both pain, or who have pain, mood disturbance such as
depression, ADD, character issues, substance abuse, that is quite
complex and, as you are suggesting, if it was a blanket rule or blanket
opinion that narcotics should never be used with chronic pain patients
inappropriate approach.
with this approach include jeopardizing one's medical care and health?
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not being one not having a great relationship with the LAP program.
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about the radiologist, can you see where that would affect one's
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A: Yes, I can see how that would affect your feelings towards the
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LAP program.
Q: Would this be especially true if one's health care and health
had been jeopardized by the LAP program's approach.
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Q: Can you see that it is very possible that this type of situation
that is described, an applicant to the Bar being monitored for alcohol
abuse, who has later had a radiologist make disparaging statements
concerning the treatment being provided by another health care
provider, one who happens to be a specialist in the area for which the
treatment is sought, could you see where that could lead to the
applicant's health being compromised?
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Judge McElroy: You need to call the LAP people as your witnesses
and cross-examine them or put them on direct.
Mr. Coughlin: But they are not experts in the way that Dr. Tucker
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is.
Judge McElroy: They are experts in the issue of whether you have
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been terminated from LAP and that is an issue here, but Dr. Tucker
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doesn't know, other than the fact that you have been terminated.
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Judge McElroy: Don't argue with me. Ask the next question.
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which you told me had been more effective in the past than ibuprofen,
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the past.
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other drug abuse dependencies and your treatment and also he is here
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such that you can become a member of the State Bar of California.
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Judge McElroy: And that is true, that wasn't your reason you
were hired, uh, employed by the State Bar. Its really to address the
issues of abuse and alcohol, but he has, in fact, opened it up, and what
this court has to consider is whether he has rebutted the State Bar's, uh,
whether the State Bar has rebutted his case that he is rehabilitated and
presently fit to practice law.
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being here today, and chief among them was, as I understood it, was to
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the big reasons for you being here today, then I would be interested in
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I would feel that it is very important, I would not say that you are
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important for you to have the kind of treatment that I described, and
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the attention deficit disorder, the chronic pain, the character issues,
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substance abuse. I think that all of these are still clinically significant
practicing law? I have to admit that I have not sat down and addressed
that, that would be something I would want to spend a little more time
on and confer with one of the attorneys here as to what are the actual
against. But, just clinically speaking, I would say that you are not
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your functioning and that you would benefit from that treatment and I
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also think that those would interfere with your ability to practice law.
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Q: Okay, now, you are compensated by the State Bar for your
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your report, did you see the packet of AA signature sheets I had
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and on?
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A: As you described it. All that I reviewed for this report would
be the documents listed here. With the addition of, I think, the
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transcript I was given the day we met, which was your second, part two
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Q: And, Dr., were you familiar with the judge's order directed to
what you were to review in preparation for your work on this matter?
A: That Order is item number 7 on the top of page 2.
A: Yes.
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A: Yes.
Q: And you had a good idea of the acceptable subject matter the
court had spelled out?
A: I think that when we met you were very concerned about the
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actually get a copy of it and look at what was authorized. So, in terms of
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the specific verbiage, we did need to get a copy of the report, but
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asked to do.
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Q: But, in fact, when we did review it, there was some things in it
that surprised you?
A: Is that a question?
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Q: Do you recall being surprised that the court's order call for you
to submit a copy of your report to the applicant?
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indicate that I will not give a copy of the report to the applicant or
evaluee, and that the court order said, may have, may have contradicted
that, in which case I would have said, we will do whatever the court
order said. But, I don't remember the specific discussion about that.
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his opinion?
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understood from you that you had been to many AA meetings and had
Q: Okay, now does someone who has gone to the trouble to gather
these lists, is that different from someone who has done these things or
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guy got some 30 signatures pages dating back to 2003, and the other guy
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just said yeah I went to a bunch of meetings? Does that enter into the
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actually, I was not doubting you about that. I think I was giving you
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earlier question, it seemed as though you said you don't feel that I am
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A: Correct.
Q: Do you feel that one needs to be fully recovered to be an
appropriate person to be admitted to the Bar.
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Mr. Coughlin: So, its that Dr. Tucker's opinion is not relevant?
Judge McElroy: No, I don't.
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alcohol abuse issues such that- I don't know how I can phrase this
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question? Such that I can be admitted to the Bar? Such that you would
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have reservations giving whatever sort of input to the Bar that you are
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able to, or that would be appropriate, such that would feel comfortable
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not you are currently or recently using, renders you vulnerable to the
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Mr. Coughlin: Sorry to interrupt you there, Dr. Tucker, but the
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judge had said alcohol abuse, and now you are saying alcohol and
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marijuana abuse-
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pieces of paper from this Court, or the Bar, or the LAP program saying
the issue is alcohol abuse and then at other times the issue becomes
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substances.
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you have indicated that you have good moral character. The State Bar
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has a right to introduce evidence that you do not have good moral
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picture here.
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with the LAP program or with this Bar that were related to monitoring
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Judge McElroy: So, and you have already opened up the issue.
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Mr. Coughlin: No, I don't. But, one of the two of us has actually
gone through it.
Judge McElroy: Okay, but that is why you are here. And you
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you needed to do in this case was get an attorney to present your case.
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allowing me to do that because you don't have an attorney and you don't
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Mr. Coughlin: I don't understand what I can ask Dr. Tucker that
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is relevant?
Judge McElroy: Well, first of all, it has been asked and answered
and I have a sense of what Dr. Tucker knows about the LAP program. I
don't think we are going to get anywhere here because he doesn't know
exactly what went on between you and LAP other than your selfreported.
Mr. Coughlin: So, no more LAP? We are not going to talk about
LAP with Dr. Tucker?
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Judge McElroy: Right, you need to get the LAP people in here.
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Mr. Coughlin: So what can we talk about with Dr. Tucker then?
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Mr. Coughlin: But how does that affect what we are looking at
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here today? We are looking atJudge McElroy: Well, maybe you don't need to cross-examine him
anymore, maybe enough has been accomplished that you are not going
to accomplish much more through cross-examination.
Mr. Coughlin: All right, then no more questions, Your Honor.
Thank you, Dr. Tucker.
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Judge McElroy: exactly. Why don't, let me, I have 13 was that
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withdrawn?
Ms. Kagan: I believe there was a question that I did quote into the
record, but I believe there was an objection.
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Mr. Coughlin: but they were they were paraded before the court
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though right?
Judge McElroy: and I totally ignored them. They are not into
evidence.
Mr. Coughlin: Can you read these and then totally ignore them?
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Mr. Coughlin: I don't know, what was the point of showing the
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photographs to the court? I would at least like whatever chance she had
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by showing those to the court to have you read these and try to ignore
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them as much.
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Mr. Coughlin: you read all of these letters of rec? There is like
seven of them.
state senator in Nevada whose work with the State Bar of Nevada for
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Judge McElroy: I've read the letters but I they cannot come into
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Mr. Coughlin: ok Your Honor can I ask you to what extent is this
suggestion that I somehow didn't do what LAP told me to doJudge McElroy: You need to call them. You may have a reason for
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not doing what LAP wanted you to do but you have to call them in as
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witnesses.
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Mr. Coughlin: okay and I'm not even saying I didn't do what what
they wanted me to do and I have not seenJudge McElroy: You were terminated from LAP, okay. That's the,
that is the only thing the court knows at this point is you were
terminated from LAP. And that's why the Committee could not make a
have.
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trial is what I'm takin' into consideration. One, that you were
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Mr. Coughlin: And that's it? We don't know why we, don't know if
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it's because I looked at them the wrong way or if I failed twenty drug
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tests or what?
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Judge McElroy: That is something you can argue. You can put it,
you can argue.
Mr. Coughlin: but we're not they're not showing anything to
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determination?
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agreement you had or the stipulation you had with the Committee.
Mr. Coughlin: Shouldn't part of the burden be that they have to
show why I was terminated?
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burden of presenting that you have good moral character. They rebut
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that. They rebutted it, and now you if you have witnesses can rebut
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their rebuttal.
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Mr. Coughlin: well I don't know if the person who came up with
that saying ever got to be a part of thisJudge McElroy: Believe me, in my practice I've seen it and I agree,
so you need to determine whether you've completed your case or not.
Mr. Coughlin: and I did have an attorney as a matter of fact, you
know? The State Bar's dragging this procedure out in concert with the
LAP program has made it so that I don't have an attorney anymore, but
I did have an attorney originally.
Judge McElroy: okay well you don't now, so let's make a decision.
What do you want to do.
Mr. Coughlin: I wish to put on testimony related to why I was
terminated from the LAP program.
Judge McElroy: that's fine and you can put yourself on.
Mr. Coughlin: ok and part of that would be exhibit 52. so should I
deal with that now or-
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Judge McElroy: You can deal with it if that's how you want to
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deal with it. But we need to put yourself on as a witness. That's fine.
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the LAP program. At this point, I don't know why I was terminated
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from the LAP program. I was never given any anything telling me
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why, other than any one sentence that was pretty vague, something
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like you haven't fulfilled the terms of your participation plan. You're
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was terminated and if that's a big part of the decision you'll make in
factor much into your decision at all, then fine, I don't need to spend a
expansive and invasive entity has poked around in your life you might
you might wish to get some feedback as to why they chose to terminate
you after looking into every corner of your medical records, psychiatric
profile, asked you questions about your economic life, asked you
questions about your sex life, which I will note, Your Honor, in one of
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Mr. Coughlin: No, well okay exhibit 52, at least speaks to that
issue though, Your Honor. I'll note on the second paragraph, its my
attorney at the time Mr. Fishkin is expressing to Ms. Poley that it's his
demonstrates that I don't know what test she's talking about or where
to get such a test done. And Ms. Poley- and I'll note the late date. This is
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hearsay, if it's not coming in for the truth of the matter, and it's
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corroborative evidence that you might want to know what a test, what
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Judge McElroy: I'll let it in not for the truth of the matter but as
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some corroborative evidence that there was a test they wanted to take.
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Judge McElroy: so, what you need to do is address your issue, the
direct issue that you said you were going to be giving direct
examination about, your termination from LAP.
Mr. Coughlin: And that's what Im saying. I don't know why I was
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terminated from LAP. I don't know that you could figure that out just
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from this letter alone. And I believe this letter alone is all I got myself
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after three years of dealing with the LAP program and spending a lot
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objection. That's the basis for your termination from LAP. That's what
you're saying.
Judge McElroy: That you didn't like the report from a radiologist.
Mr. Coughlin: No, what I like and what I don't like I don't think
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said you were putting yourself on the stand for it in terms of direct
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Judge McElroy: Okay, so, what's the next evidence you want to go
on-
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Mr. Coughlin: So, I'm asking you to take a look at exhibit 6 and-
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Mr. Coughlin: and from exhibit 6, I still don't know why I was
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it's kind of hard to address why I was terminated from LAP, you
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know I mean?
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Mr. Coughlin: because I haven't been told why. And then I'm
pointing to this exhibit 52 to show that the even if LAP wants to say it
was over some testing that they wanted done, we made efforts to, we
have written evidence here you know showing the we made efforts to
comply with them. I don't see any evidence from them pointing to the
contrary, so.
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Mr. Coughlin: They did say to me that you're not sober because
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you're taking these medications. I can tell you that can throw, can be
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Judge McElroy: Okay, so this is not going in for the truth of the
matter stated. This is going into show your state of mind. That's it.
Mr. Coughlin: okay, well, so it can't be going in to say I heard
them say this?
Judge McElroy: No, it's, I mean at this point it's self-serving,
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number one, which is why it's part of the reason that it's hearsay is it's
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not reliable testimony. But, I'm letting it in to show your state of mind.
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but it's not hearsay if it's not going in for the truth of the matter and
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Mr. Coughlin: okay, I would like it in for the truth of the matter.
Judge McElroy: Well its not because its hearsay. If it were going
in for the truth of the matter, it would be hearsay and it's not reliable.
That's why hearsay evidence is not allowed into evidence is because it's
not reliable.
Mr. Coughlin: But if someone is testifying that yeah this guy told
me he killed that person they are able to-
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the truth about that is that they're jeopardizing people's health care by
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trial to say that my experiences with the LAP in that regard were very
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that as you earlier suggested, if I had just done what they said,
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everything would have been all fine, is something like I cannot agree
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with. Because you've got people who five minutes after meeting you are
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fact in telling you what is acceptable medical care and what is not and
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the consequences of that are that they're not going to give you a
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for that you've taken out maximums of student loans for, that you
passed the bar exam for, you took the bar exam to why for, you know?
So the the LAP program has a pretty heavy hammer that it wields and
I wish to illustrate that in this setting and hopefully get that into an
opinion because I'd like that to be known. I think that power that is
unchecked leads to bad things. And right now as I see it the LAP has
unchecked power and that's real serious when you're talking about
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If you can divorce it from some of the prejudice and some of the politics
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that go along with things like substance abuse or chronic pain or ADD,
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something like that and if you had a diabetic or someone like that come
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into the LAP and for them say we don't think you're sober because
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you're taking insulin, so stop taking that insulin the results of that
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that I can't think of another disease, and the AMA does characterized
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other disease that receives the treatment that this one receives from
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this bar. There's no other disease where the bar is able to do the things
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chronic pain, there's politics that surrounds that that enables the State
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Judge McElroy: I am going to let it in. this is his belief, but let's
move on to beyond your belief.
Mr. Coughlin: I would just say in a lot of these letters that were
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not admitting into evidence these letters aren't really purporting to say
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anything of truth, its just giving these peoples general yeah this guy's
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you know someone who I could hire something like that. It's not saying
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yeah we saw this guy do this at this date. So, I don't know why there's
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letters.
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to?
Judge McElroy: I can't be your lawyer.
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Mr. Coughlin: no, I'm just asking you as a judge, is there anything
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State Bar's rebutting of that and the State Bar's rebutting of that
or attorney-
Judge McElroy: But, I mean let me just put it this way, what
you're doing now is really kind of getting into argument. What we need
is direct examination.
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obedience to the laws of the state, and respect for the rights of others
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and for the judicial process, and that's what you need to address. And
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that means what you would have to do is look at what the State Bar has
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Zimmerman & Scully. Your US patent and trade and trademark office
didn't report to the State Bar on page 12. to report all failures to
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Ive given you enough in terms of what you need to focus in on.
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Mr. Coughlin: Your honor, I want to talk about those things first,
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things showing that I don't have good character and then we've got the
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list of things the State Bar presented to show that I don't have good
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character. I want to talk about those first, the things showing that I
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don't have good character. Because, really, in reality, we don't even get
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into this list ever until we get into this list in this process. That is the
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they don't have good character besides not have this list. And it's only
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once you have a list of these things that you have to go above and
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beyond that as I understand it, beyond just not having such a list. You
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the law library for six months or less or more and I would say that from
the testimony offered it's still not clear whether I did work there for
more or less than six months. We still haven't established that. And I'd
also say well, let's say I worked there for six months and one day. Is
that really such a strong point in the State Bar's case? It's clearly close
whether or not I worked there for six months. It's not like I worked
there for three years and omitted it. I don't think there's any question
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that it's not long related employment. It's a job as a clerk at a lobby in a
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library. It's not law related. Im not researching anything for any
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partners. I'm not even filing anything for any attorneys or any legal
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entity. So I can not see denying someone a law license based on that.
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Next, we have the academic dishonesty issue. Well I think it's pretty
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clear that I both reported that correctly and was cleared of any
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told it was anything other than that. Then, somewhere along the line in
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we are clearing you of that but we're going to warn you about
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something we're not really sure just don't do it again, whatever it is you
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didn't do. So I think that's where the murkiness comes into this, but it's
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clear Mr. Burn's letter says no academic dishonesty took place and it's
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clear from my update to the State Bar that I reported that as such. So,
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again I don't see what the State Bar is resting its case on with that
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issue. So they are 0 for 3 as far as I can tell so far. And these first three
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were the chief transgressions that the State Bar was leading with,
highlighting in their case and all three have fallen flat. So, the ones to
come after these three are of even lesser importance. With regard to not
fulfilling- I believe the language about the LAP program that State
Bar gave was that I hadn't gained insight according to the LAP and I
interesting with the LAP, it's such a strange kind of reality. You get
make them far from recommendations. So it's kind of like no you can't
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just say it's your requirement? It's like saying it's a confidential
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program why say it's confidential why do you put that on?
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again and again and again. I don't see how its confidential. I have had
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areas of my life trotted out before this court that otherwise I wouldn't
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it's not easy. It's not an easy problem in our society, dealing with
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temper any criticism I have with that by saying, yes it's a hard
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problem. Far be it for me to act like I know how to deal with it exactly.
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But I can say that I feel as someone who's gone through this through
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was like.
anything more than hearsay with regard to what other activities we're
and and I don't know that they formed any foundation in the State
Bar's original denial of the application. So I don't know how I can speak
something Christine Smith, a Dean at the law school was talking about
with a paper with a Professor Stemple that was due for a writing
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requirement that we had, some questions about what its content needed
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I'd note know when we're talking about whether or not I did what
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the LAP program asked me to do, Your Honor? I'd note that my
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experiences with the LAP program, to give you some context, is that I
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about a year-and-a-half of back and forth over whether or not the LAP
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program can get my medical records it was decided that they can get my
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able to go and get whatever medical records they want. So, once they
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ADD and chronic pain treatment. That's also where the LAP program
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gave me their treatment plan for me for the next six months, during
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my evaluation.
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Ms. Kagan: I object to this on the basis that it's not in evidence.
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activity once a day for 180 days straight and gather proof of that. In
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once a day for a hundred and eighty days straight, that's six months, no
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for six months despite the fact that you've already shown them several
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we- what exhibit are we referring to? I need to see if it's in evidence? I
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Mr. Coughlin: there's actual pages from LAP saying here's your
evaluation plan for the next six months you have to do all these things
and it's like three pages of stuff and I had to get it notarized and had to
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Statement and I think that would be beneficial for addressing all that
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Judge McElroy: I'm gonna give you another 10 minutes. You need
to wrap this up.
Mr. Coughlin: DMV stuff in Nevada? I'm not gonna speak to that.
And I don't mean that whatever to say I don't respect the process and
that I didn't ultimately pay those tickets, I just mean I don't think it's
worth five years of interacting with the California Bar and this stage
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certain things, I said I could have done some things better and I was
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already covered the law school employment. The fact that the State Bar
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employment until it doesn't say when? But the State Bar certainly had
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exhibits. To say it was not until May 14 th, 2004 that applicant told us
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about his business? Well, I don't think that business got off the ground
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until sometime in early 04, so I certainly don't feel that that's too late
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sitting in this room now looking at it and seeing the court requirements
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one can look at that and say yeah that's something he should have
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done, but I would submit that a lot of this involvement with the LAP
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program and a lot of the recovery based activities that were salient in
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in 2002, I think just serves to show that the bar could use some
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alone, it's like the third biggest killer, or death due to alcoholism or
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recovery from. So the State Bar's shame based approach with regard to
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well you went to an AA meeting in 2002 and then here you said you
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thought you were only a social drinker and then later on you're saying
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no I- To me it's shameful.
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The Patent and Trademark Office issue I've feel has been
addressed. Financial obligations? Yes, I had some things, still owe some
like to pay back, yes. I would like to come back and hopefully Ill be
able to do so, but what can I say? The rule says you're supposed to report
those things. I didn't report those things until sometime in 07, so.
the arresting officer's report. Well, I guess that would mean I had
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police report is taken as gospel and not as some buzz words that an
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officer who has been celebrated five times by MADD? And given out
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hardly that many days in an 11-year period, to give out that made DUI.
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witnessed some of these trials would know that that's not true.
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you sign this letter saying yes I'm aware I'm being investigated for
you a warning about what? I'm still not sure what they're warning me
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five minutes after meeting you and dangling your career as a carrot or
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wielding the not having a career as a hammer to get across their own
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political agenda which is frankly laden with religiosity and a real old-
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relates to chronic pain or ADD from people who don't even practice in
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that field. Who want to- Its just shameful. It's like a bankruptcy judge
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say that I don't have anything further to add other than I appreciate
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your listening to me Your Honor and the care that you gave to this case
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because I have felt that my case has been heard and appreciate that.
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Bar stated that this the case was all about candor and cooperation and
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cooperate he has demonstrated that he has not met his burden to prove
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that he has the requisite good moral character for admission to the
State Bar. The State Bar has admitted evidence unrebutted evidence of
respect to his arrest in 2001 after the movie theater incident, his DUI in
substance abuse and his termination from the Schuering law firm.
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Mr. Coughlin lacks the requisite character for admission to the State
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Judge McElroy: Okay, thank you. So, at this point the case is
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(End)
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for six months despite the fact that you've already shown them several
we- what exhibit are we referring to? I need to see if it's in evidence? I
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180 meetings in 180 days. There's beenJudge McElroy: Well, there are the signature pages that he went
to the meetings, okay, so.
Mr. Coughlin: there's actual pages from LAP saying here's your
evaluation plan for the next six months you have to do all these things
and it's like three pages of stuff and I had to get it notarized and had to
do this several times.
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And I'm addressing these 14 points by showing you not only have I
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Complete Transcript of All Four Days of Trial, In Re Coughlin 06-M-13755
gathered these signatures, not only has exhibit 52 shown you that we
made ourselves available for whatever test Ms. Polly wanted me to take
Concerned for Lawyers meeting once a week, the Nevada Bar's analog to
the LAP program or The Other Bar, so I don't know at what point in
ms.
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Judge McElroy: Okay that's your argument. So, let's go on. Let's
move on.
Mr. Coughlin: I haven't been able to locate the Pre-Trial
Statement and I think that would be beneficial for addressing all that
issues you highlighted. I don't believe that the pretrial statement for
the bar is an exhibit?
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Judge McElroy: I'm gonna give you another 10 minutes. You need
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Complete Transcript of All Four Days of Trial, In Re Coughlin 06-M-13755
certain things, I said I could have done some things better and I was
already covered the law school employment. The fact that the State Bar
employment until it doesn't say when? But the State Bar certainly had
ms.
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exhibits. To say it was not until May 14th, 2004 that applicant told us
about his business? Well, I don't think that business got off the ground
10
until sometime in early 04, so I certainly don't feel that that's too late
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sitting in this room now looking at it and seeing the court requirements
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one can look at that and say yeah that's something he should have
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done, but I would submit that a lot of this involvement with the LAP
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program and a lot of the recovery based activities that were salient in
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Complete Transcript of All Four Days of Trial, In Re Coughlin 06-M-13755
who haven't lived through it. But, you certainly don't become a member
and that you are going to stop drinking or what have you and then the
That's not how it works, and the bar's statements in this regard
in 2002, I think just serves to show that the bar could use some
ms.
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alone, it's like the third biggest killer, or death due to alcoholism or
11
recovery from. So the State Bar's shame based approach with regard to
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well you went to an AA meeting in 2002 and then here you said you
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thought you were only a social drinker and then later on you're saying
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no I- To me it's shameful.
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The Patent and Trademark Office issue I've feel has been
addressed. Financial obligations? Yes, I had some things, still owe some
things? Those are things that need to be reported? Absolutely would I
like to pay back, yes. I would like to come back and hopefully Ill be
able to do so, but what can I say? The rule says you're supposed to report
those things. I didn't report those things until sometime in 07, so.
Now, with regard to misrepresentations related to my conviction
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the arresting officer's report. Well, I guess that would mean I had
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police report is taken as gospel and not as some buzz words that an
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Complete Transcript of All Four Days of Trial, In Re Coughlin 06-M-13755
officer who has been celebrated five times by MADD? And given out
hardly that many days in an 11-year period, to give out that made DUI.
witnessed some of these trials would know that that's not true.
ms.
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don't know what to say about that. I reported it. Its it's in my
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application, the language about it. To me, now, it's all coming down to
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well how many feet did you move this computer? into the same room
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Complete Transcript of All Four Days of Trial, In Re Coughlin 06-M-13755
five minutes after meeting you and dangling your career as a carrot or
wielding the not having a career as a hammer to get across their own
political agenda which is frankly laden with religiosity and a real old-
relates to chronic pain or ADD from people who don't even practice in
that field. Who want to- Its just shameful. It's like a bankruptcy judge
ms.
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say that I don't have anything further to add other than I appreciate
your listening to me Your Honor and the care that you gave to this case
because I have felt that my case has been heard and appreciate that.
Judge McElroy: Thank you.
Ms. Kagan: I'll make this brief. At the outset of this case the State
Bar stated that this the case was all about candor and cooperation and
that based on Mr. Coughlin's inability to be candid and failure to
cooperate he has demonstrated that he has not met his burden to prove
that he has the requisite good moral character for admission to the
State Bar. The State Bar has admitted evidence unrebutted evidence of
many admissions from the original application, failures to update the
original application, as well as glaring misrepresentations regarding
the information that Mr. Coughlin did provide. Specifically with
respect to his arrest in 2001 after the movie theater incident, his DUI in
2003, his law school discipline, including the academic dishonesty
investigation, and the movement of the computer, as well as his
substance abuse and his termination from the Schuering law firm.
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Complete Transcript of All Four Days of Trial, In Re Coughlin 06-M-13755
Mr. Coughlin lacks the requisite character for admission to the State
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28
493/493
Complete Transcript of All Four Days of Trial, In Re Coughlin 06-M-13755