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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 IN THE SUPREME COURT OF THE STATE OF NEVADA caseNo of‘3,1 KED MAY 1 0 201Z PETITION OF BAR COUNSEL FOR TEMPORARY SUSPENSION FROM THE PRACTICE OF LAW PURSUANT TO SCR 111 In accordance with the requirements set forth in Supreme Court Rule ("SCR") 111(4), the State Bar of Nevada, by and through its Bar Counsel, David A. Clark, hereby notifies the Supreme Court of the conviction of attorney ZACHARY B. COUGHLIN Nevada Bar No. 9473, after a trial and an appeal on a charge of larceny (theft.) STATEMENT OF FACTS Mr. Coughlin is a member of the State Bar of Nevada. His Bar Number is 9473. Mr. Coughlin was admitted to the Bar on March 25, 2005. His date of birth is September 27, 1976, and he is 36 years old. Mr. Coughlin was recently convicted of a crime involving theft. On November 30, 2011, Mr. Coughlin was found guilty, after a trial, of the offense of Petit Larceny, a violation of RMC 8.10.040, in Municipal Court for the City of Reno. See Exhibit 1. On September 9, 2011, Mr. Coughlin had shoplifted a candy bar and cough drops from a Wal-Mart store with a value of approximately fourteen dollars ($14.00). Mr. Coughlin appealed the judgment of conviction. The judgment of conviction was affirmed on appeal. See Exhibit 2. As evidenced by the documentation submitted herein, Respondent has been convicted of a crime „Athiff- r1 theteporting requirements of Bar Counsel under SCR 111(4). _ „ - \ additiop;..-S :9F4 1411 2(7) and)(8), state that upon receipt of a petition demonstrating that an attorn4,hasRb.e7e,-WAIMp,t pt ed of ' a serious crime, the Court shall enter an order suspending 1 In Re: Matter of ZACHARY B. COUGHLIN, ESQ. ) Nevada Bar No. 9473 ) /02- mtp96-

5 10 12 0204 60838 SCR 111(6) Petition Over 22176 11 30 11 Walmart Conviction Compare to SCR 111(4) Beckett Petition for Nrs 199.280 Conviction and Scr 111(10) Vacated 12-14895

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    IN THE SUPREME COURT OF THE STATE OF NEVADA

    caseNo of3,1 KED MAY 1 0 201Z

    PETITION OF BAR COUNSEL FOR TEMPORARY SUSPENSION FROM THE PRACTICE OF LAW PURSUANT TO SCR 111

    In accordance with the requirements set forth in Supreme Court Rule ("SCR") 111(4),

    the State Bar of Nevada, by and through its Bar Counsel, David A. Clark, hereby notifies the

    Supreme Court of the conviction of attorney ZACHARY B. COUGHLIN Nevada Bar No. 9473,

    after a trial and an appeal on a charge of larceny (theft.)

    STATEMENT OF FACTS

    Mr. Coughlin is a member of the State Bar of Nevada. His Bar Number is 9473. Mr.

    Coughlin was admitted to the Bar on March 25, 2005. His date of birth is September 27, 1976,

    and he is 36 years old.

    Mr. Coughlin was recently convicted of a crime involving theft. On November 30, 2011,

    Mr. Coughlin was found guilty, after a trial, of the offense of Petit Larceny, a violation of RMC

    8.10.040, in Municipal Court for the City of Reno. See Exhibit 1.

    On September 9, 2011, Mr. Coughlin had shoplifted a candy bar and cough drops from

    a Wal-Mart store with a value of approximately fourteen dollars ($14.00). Mr. Coughlin

    appealed the judgment of conviction. The judgment of conviction was affirmed on appeal. See

    Exhibit 2.

    As evidenced by the documentation submitted herein, Respondent has been convicted

    of a crime Athiff- r1 theteporting requirements of Bar Counsel under SCR 111(4). _ - \

    additiop;..-S :9F4 14112(7) and)(8), state that upon receipt of a petition demonstrating that

    an attorn4,hasRb.e7e,-WAIMp,tpted of 'a serious crime, the Court shall enter an order suspending

    1

    In Re: Matter of

    ZACHARY B. COUGHLIN, ESQ. ) Nevada Bar No. 9473 )

    /02- mtp96-

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    the attorney, pending the final disposition of a disciplinary proceeding, in which the sole issue

    to be determined shall be the extent of the discipline to be imposed.

    As evidenced by the documentation submitted herein, Mr. Coughlin has been convicted

    of a misdemeanor crime under the Nevada Revised Statutes. However, that conviction was

    for "theft." The following language, as set forth in SCR 111(6), dictates that Respondent's

    crime constitutes a serious crime:

    Definition of "serious crime." The term "serious crime" means (1) a felony and (2) any crime less than a felony a necessary element of which is, as determined by the statutory or common-law definition of the crime, improper conduct as an attorney, interference with the administration of justice, false swearing, misrepresentation, fraud, willful failure to file an income tax return, deceit, bribery, extortion, misappropriation, theft, or an attempt or a conspiracy or solicitation of another to commit a "serious crime." [Emphasis added.]

    CONCLUSION

    WHEREFORE, Bar Counsel respectfully brings this matter to the Court's attention and

    requests that the Court enter an Order temporarily suspending Respondent from the practice

    of law and referring this matter to the Northern Nevada Disciplinary Board for further

    disciplinary proceedings, in accordance with SCR 111(7) and (8).

    Respectfully submitted this 3 day of May, 2012.. STATE BAR OF NEVADA DAVID A. CLARK, BAR COUNSEL

    By --,Tie-cx 0 Patrick 0. King, Asqlint Bar Counsel Nevada Bar No. 5035 9456 Double R. Blvd., Ste. B Reno, NV 89521

    2

  • Exhibit 1

  • DEFENDANT: COUGHLIN, ZACHARY BARKER

    Defendant Initials: Print Date: 11/30/2011

    COURT CASE #: 11 CR 22176 21

    Data Date: 11/30/2011 Page 1 of 3 Agency#: IC110627

    IN THE MUNICIPAL COURT OF THE CITY OF RENO COUNTY OF WASHOE, STATE OF NEVADA

    ONE SOUTH SIERRA STREET, RENO, NV 89505 Mailing: P.O. Box 1900, Reno, NV 89505 PHONE (775)334-2290 FAX (775)334-3824

    JUDGMENT OF CONVICTION AND COURT 7.0W

    t2 CITY OF RENO, PLAINTIFF munidtPd1

    vs. Ben

    DEFENDANT: COUGHLIN, ZACHARY Itkilk-ER

    11/30/2011

    erk( oeputY

    Court Case#: 11 CR 22176 21 Agency#: RSICPI IC110627

    DOB: 09/27/1976 Accident#: Booking#: 15953

    Status: OPEN Language: ENGLISH

    COURT HEARING INFORMATION , Hearing Schc,lulzd Judge Loc,ition Rite & Time I learing Result _ .

    ARRAIGNMENT HEARING JUDGE GARDNER A Mon, Oct 10, 2011 2:00 pm ARRAIGNMENT HEARING HELD BENCH TRIAL JUDGE HOWARD B Mon, Nov 14,2011 1:00 pm CONTINUED BY COURT BENCH TRIAL JUDGE HOWARD B Wed, Nov 30,2011 1:00 pm BENCH TRIAL HELD

    E77 ADD ll'IONAL COURT HEARING INFORMATION 9/9/2011 [ FORMAL COMPLAINT FILED WITH THE COURT 10/10/2011 THE DEFENDANT APPEARED, WAS EXPLAINED HIS/HER RIGHTS BY THE JUDGE AND INDICATED THAT

    HE/SHE UNDERSTOOD THEM COMPLETELY. 11/30/2011 CITY'S EXHIBIT MARKED/ADMITTED 1, 11/30/2011 PRESENT IN COURT FOR THE CITY OF RENO; PAM ROBERTS AND FOR THE DEFENSE: PRO PER

    -- - CITARt, 1) W1NFORMAT1ON

    Charge 1: 08.10.040 - PETIT LARCENY/THEFT - VALUE LESS THAN $250.00 PUN: 85747926 WRirf: Jail Days: 0

    Offense Dt: 09/09/2011 Suspended Days: 0 Arrest Dt: 09/09/2011 Plea: 11/30/2011 - GUILTY Disposition: 11/30/2011 - GUILTY

    FINES AND FEES

    Oriuinal Amt Ant ['aid Amt WakeLl _ Charge 1: Fine Subtotal: 360.00 360.00 0 0 Fee (CHEM,DV,GF,HIV,LDF,TTP,WITF) Subtotal:

    Additional Fees 40.00 40.00 0

    Supervision Fee Subtotal: Supv Fee(s) Due:

    $400.00 $40.00 $0 , TOTAL OWING AS OF THIS DATE: $360.00

    ' ---

    T the records of tho Ram': Murlicipal Court, Reno Washoe Co

    BAIL INFORMATION Nevadti. t ,.nd th,t tt,) Gfurfc of the) Court is the' custodian of 9/9/2011 ARREST BAIL AMOUNT: $360.00 original record and that I am authorized to make this ce ' . ' 11/14/2011 BAIL SET AT $1000 cash only; kflikrliviii *

    !: i' ". .:".... ':f .# ; F4'. !.... f ; ....,e; ..,:7. 6..-- ,... o. ,r. ,tr. r,, el. ! i , , ....,

    CONDITIONS

    Arm Units

  • COURT-MONITORED SENTENCE Ordered Dt: Next Proof Dt: Balance: Completed Dt:

    Nov 30, 2011

    REPORT TO SENTENCE COMPLIANWTI, ,ENTENCE COMPLIANCE WINDOW IS LOCATED ON THE FIRST FLOOR OF THE RENO MUNICIPAL COURT, ONE SOUTH SIERRA ST, RENO, NV (775) 334-2290.

    COMMUNITY SERVICE HOURS (SCWP) ; THE DEFENDANT SHALL ARRIVE ON TIME AND ALCOHOL/DRUG FREE TO PE e COMMUNITY SERVICE HOURS WITH THE SHERIFF'S WORK PRO . T E DEFENDANT SHALL COMPLY WITH ALL REQUIREMENTS OF HE SHE F'S WORK PROG AND PAY A PRO '49 SET UP FEE OF .25 FOR UP 40 HOURS ORDE OR $35 FOR MW THitiN 40 HOURS ' ERED.

    THE DEIDANT S ALTERN TIVES TO COMMUNITY WORK

    WITH 3ULT ) ON, VI TICAP

    l'109Nd m to 8:00am (Saturday)

    L REPO ARCE

    IN PERSON TO T TION UNIT (MU), T (S.C.W.P.) WITHIN 4

    WASHOE CO SIGN UP FO

    HOURS AF

    FAILU THIS

    1/ FUR I ALT F NE Al HO R Mo da, Sig ill

    TO COMPL RDER WILL

    HER INFORMA RNATIVES TO

    ADA (775) 785-4 RS OF OPERAT

    day-Sunday 6:00 up hours: 6:00am

    :00pm (Excluding Holidays) :00pm (Monday-Friday) and 6:0

    HE CONDITIONS OF C THE ISSUANCE OF A

    ONTACT THE WASHOE ERATION UNIT, LOCATE

    MMUNIT ILURE UNTY AT 35

    Aov 30, 2011

    HOUR(S)

    24 WOUR(S)

    You ARE HERE

    Ordered.'" Next Proof Dt: Balance: Completed Dt:

    ENI

    SERVI . DESCRIBE

    R

    COMPL ARRANT F HERIFF'S OFFICE, SOUTH CENTER ST, RENO,

    Ordered Dt: Nov 30, 2011 ext ' I of Dt: De78, 2011

    Balance Co ,'let vit

    WI: ' ND COMPLI1ED BY 12I18/1I NO ONS

    F 'S OF ICE, I

    BAIL: CONDITIONS OF RELEASE FROM CUSTODY; Ordered Dt: Sep 9, 2011 Next Proof Dt: Balance: Completed Dt:

    FAILURE TO COMPLY WITH THE CONDITIONS OF BAIL AS DESCRIBED IN THIS ORDER WILL RESULT IN THE ISSUANCE OF A FAILURE TO COMPLY WARRANT OR IMMEDIATE ARREST AND INCARCERATION FOR CONTEMPT OF COURT AND/OR BAIL REVOCATION. FOR FURTHER INFORMATION, CONTACT THE SENTENCE COMPLIANCE WINDOW LOCATED ON THE FIRST FLOOR OF THE RENO MUNICIPAL COURT, ONE SOUTH SIERRA ST, RENO, NV (775) 334-2290.

    THE DEFENDANT SHALL APPEAR AS ORDERED FOR ALL REVIEWS AND SHALL COOPERATE FULLY WITH THE BAILIFFS/MARSHALS AND ALL COURT STAFF.

    THE DEFENDANT SHALL ATTEND ALL REVIEWS, COURT APPEARANCES AND COURT-ORDERED PROGRAMS ON TIME AND ALCOHOL AND DRUG FREE.

    THE DEFENDANT SHALL KNOW HIS/HER COURT DATE AND MAINTAIN CONTACT WITH HIS/HER ATTORNEY.

    PRIOR TO CHANGING HIS/HER ADDRESS OR PHONE NUMBER, THE DEFENDANT SHALL NOTIFIY THE COURT OF SUCH CHANGE.

    OBEY ALL LAWS.

    DEFENDANT: COUGHLIN, ZACHARY BARKER Agency#: IC110627 COURT CASE #: 11 CR 22176 21

    Defendant Initials: Print Date: 11/30/2011 Data Date: 11/30/2011 Page 2 of 3

  • THE HONORABLE

    JUDGE'S SIGNATURE: DATE: t 6D

    . ,

    THE DEFENDANT SHALL REPORT TM ALY , OR UPON RELEASE FROM JAIL, TOWStiNfTENCE COMPLIANCE WINDOW FOR ORIENTATION AND THEREAFTER AS OFTEN AS DIRECTED BY THE RENO MUNICIPAL COURT MARSHAL DIVISION. FAILURE TO DO SO WILL RESULT IN THE ISSUANCE OF A FAILURE TO COMPLY WARRANT AND INCARCERATION FOR CONTEMPT OF COURT. THE SENTENCE COMPLIANCE WINDOW IS LOCATED ON THE FIRST FLOOR OF THE RENO MUNICIPAL COURT, ONE SOUTH SIERRA ST, RENO, NV (775) 334-2290.

    THE DEFENDANT SHALL APPEAR AS ORDERED FOR ALL REVIEWS AND SHALL COOPERATE FULLY WITH THE BAILIFFS/MARSHALS AND ALL COURT STAFF,

    THE DEFENDANT SHALL ATTEND ALL REVIEWS, COURT APPEARANCES AND COURT-ORDERED PROGRAMS ON TIME AND ALCOHOL AND DRUG FREE.

    PRIOR TO CHANGING HIS/HER ADDRESS OR PHONE NUMBER, THE DEFENDANT SHALL NOTIFIY THE COURT OF SUCH CHANGE.

    OBEY ALL LAWS.

    ADDITIONAL CASE INFORMATION 11/14/2011 ADDITIONAL CASE INF URMAI1UN: 3 city witnesses had appeared for bench trial 11/14/2011 ADDITIONAL CASE INFORMATION: DEFENDANT WAS IN CUSTODY AT TIME AND DATE OF BENCH TRIAL;

    DEFENDANT WAS TRANSPORTED BUT NOT BROUGHT INTO COURT 11/14/2011 ADDITIONAL CASE INFORMATION: BAIL FORFEITURE CANCELLED 11/30/2011 ADDITIONAL CASE INFORMATION: CITY REST ITS CASE; DEFENSE BEGINS HIS CASE, 6:55 11/30/2011 ADDITIONAL CASE INFORMATION: DEFENDANT REFUSED TO STATE WHETHER OR NOT HE WOULD BE TESTIFIED; 11/30/2011 ADDITIONAL CASE INFORMATION: CLOSING BY BOTH PARTIES 10/10/2011 ADDITIONAL CASE INFORMATION: DEFENDANT DID NOT WANT A COURT APPOINTED ATTORNEY.

    You are ordered by the Court to arrive drug/alcohol free and on time for all Court hearings and Court related progams. Failure to appear in Court will result in the issuance of a warrant for your arrest. Any violation of this instant order may result in contempt proceedings and the filing of additional criminal charges. In accordance with NRS 22.010, it is a misdemeanor for any person to fail, refuse or neglect to comply with the terms of any order issued by the Municipal Court Judge. This order vv, .. . in effect until the Court issues another order superseding it. d

    I UNDERSTAND AND PROMISE TO OBEY THIS ORDER. DEFENDANT:- (42t ! DATE: )c'

    I, THE SWORN INTPRETER HAVE FULLY INTERPRETED THIS ORDER TO THE DEFENDANT: DATE: TIME:

    RECEIVED BY DEPUTY: DATE: TIME:

    ISSUED BY MARSHAL: DATE: TIME:

    DEFENDANT: COUGHLIN, ZACHARY BARKER Agency#: IC110627 COURT CASE #: II CR 22176 21 Defendant Initials: Print Date: 11/30/2011 Data Date: 11/30/2011 Page 3 of 3

  • Exhibit 2

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    FILED Electronically

    03-15-2012:06:21:48 PM Joey Orduna Hastings

    Clerk of the Court Transaction # 2829786

    IN THE SECOND JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA

    IN AND FOR THE COUNTY OF WASHOE * * *

    ZACHARY BAKER COUGHLIN,

    Appellant, Case No.: CR11-2064

    VS.

    CITY OF RENO, a municipal corporation,

    Respondent.

    RP AF IR Ik E EN N . A

    Presently before the Court is an Appeal from a ruling of the Reno Municipal Court,

    filed by Appellant ZACHARY BAKER 'COUGHLIN (hereafter "Appellant") on December 23,

    2011. Following, on February 7, 2012, Appellant filed his Opening Brief on Appeal.

    Thereafter, on February 23, 2012, Respondent CITY OF RENO (hereinafter "Respondent')

    filed its Answering Brief. The matter is now before the Court for its consideration.

    This matter comes before the Court on a criminal appeal from the Reno Municipal

    Court. On November 30, 2011, Appellant was convicted of Petit Larceny, a violation of

    RMC 8.10.040. Thereafter, on December 13, 2011, Appellant filed a Notice of Appeal with

    the Court.

    Although Appellant's arguments on appeal are unclear, Appellant raises a wide

    variety of issues, Including, inter alla: that he was denied his Sixth Amendment Right to

    Counsel, that the Municipal Court erred in failing to grant him a continuance, that the

    prosecution engaged in misconduct that he was refused an opportunity to testify on his

    I hereby certify this as a true and correct copy of the o the records of the Reno Municipal Court, Reno, Washoe Nevada, and that the Clerk of the Court Is the custodian original record ansUllat I am authori2ad to make this

    Dept. No.: 10

  • 1 own behalf, that certain evidence should have been suppressed pursuant to the Fourth

    2 Amendment of the United States Constitution, that his conviction is not supported by

    3 sufficient evidence, and that "fflurther improprieties and due process deficiencies"

    4 occurred.

    5 Unfortunately, Appellant neither supports his arguments with relevant authority nor

    6 citations to relevant portions of the record. Most importantly, Appellant has failed to

    7 provide this Court with a copy of the transcript of relevant proceedings in the Reno

    8 Municipal Court. The Nevada Supreme Court has held that an "[a]ppellant has the ultimate

    9 responsibility to provide this court with 'portions of the record essential to determination of

    10 issues raised in appellant's appeal.'" Thomas v. State, 120 Nev. 37 n. 4, 83 P.3d 818

    11 (2004) (citing NRAP 30(b)(3). Further, NRAP 28(e) provides that "[e]very assertion in

    12 briefs regarding matters in the record shall be supported by a reference to the page of the

    13 transcript or appendix where the matter relied on is to be found."

    14 While Appellant did provide this Court with a Compact Disc containing a recording of

    15 the Municipal Court proceedings, Appellant did not cite to the portions of the Compact Disc

    16 that he felt supported his arguments, and it is not the responsibility of this Court to guess

    17 which portions of the Compact Disc might support Appellant's arguments. In short,

    18 Appellant did not satisfy his responsibility to supply and cite to relevant portions of the

    19 record merely by producing a Compact Disc recording of the entire Municipal Court

    20 proceeding.

    21 In light of Appellant's failure to provide this Court with an adequate appellate

    22 record, and Appellant's correspondent failure to cite to such a record, this Court is unable

    23 to conduct a meaningful review of Appellant's appeal. Thus, Appellant has failed to meet

    24 ///

    25 ///

    26 /1/

    27 ///

    28 ///

    -2-

  • 1 his burden in providing an adequate appellate record, and this Court must affirm the ruling

    2 of the Reno Municipal Court. 1

    3 NOW, THEREFORE, IT IS HEREBY ORDERED that the ruling of the Reno

    4 Municipal Court is AFFIRMED.

    5 IT IS FURTHER ORDERED that this matter is remanded back to the Reno

    6 Municipal Court for all further proceedings.

    7

    8 DATED this day of March, 2012.

    9

    10 TEVEN PfELLIOTT

    11 District Judge

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    26 It is worth noting that, pursuant to NRS 4.410(2), "[Ole fees for transcripts and copies [of municipal court proceedings] must be paid by the party ordering them. In a civil case the preparation of the transcript need

    27 not commence until the fees have been deposited with the deputy clerk of the court." Accordingly, NRS 189.030, which requires the municipal court to transmit various papers to the district court upon appeal, does

    28 not require action until such fees have been paid. Here, it appears that Appellant never paid the requisite fees to secure the transcription of the proceedings. For this reason, the appellate record Is incomplete.

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    CERTIFICATE OF MAILING

    I hereby certify that I electronically filed the foregoing with the Clerk of the Court by

    using the ECF system which served the following parties electronically:

    ZACHARY COUGHUN, ESQ. for ZACHARY COUGHUN

    PAMELA ROBERTS, ESQ. for CrTY OF RENO

    DATED this /1/46- day of March, 2012. 41 E DI HO P

    Judicial Assistant

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    Notary tt:ublic in and for s'aid County and State.

    ANGELINE A. RADLEY Notary Public - State of Nevada

    Appointment Recorded In Washes County No: 07-2750-2- Expires July 11, 2015

    L'aGra Peters, An Employee of the State Bar of Nevada

    CERTIFICATE OF SERVICE 1

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    STATE OF NEVADA ) ) ss:

    COUNTY OF WASHOE )

    The undersigned hereby certifies that a true and correct copy of the attached Petition of

    Bar Counsel for Temporary Suspension from the Practice of law Pursuant to SCR 111 was

    deposited in the United States Mail at Reno, Nevada, postage fully pre-paid thereon for first

    class certified mail, addressed to:

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    Zachary B. Coughlin, Esq. P.O.Box 3961 Reno NV 89505

    Certified Mail: 7010 2780 0003 5429 6752

    Dated this 3 rd day of May, 2012

    Subscribed and sworn before me this 3 rd day of May, 2012

    1

  • IN THE SUPREME COURT OF THE STATE OF NEVADA OFFICE OF THE CLERK

    IN THE MATTER OF DISCIPLINE OF ZACHARY B. COUGHLIN, ESQ., BAR NO. 9473.

    Supreme Court No. 60838

    RECEIPT FOR DOCUMENTS

    TO: Zachary B. Coughlin State Bar of Nevada/Reno/Patrick 0. King, Asst. Bar Counsel

    You are hereby notified that the Clerk of the Supreme Court has received and/or filed the following:

    05/10/2012 Filing fee waived: Bar discipline matter.

    05/10/2012 Filed Petition of Bar Counsel for Temporary Suspension from the Practice of Law pursuant to SCR 111.

    DATE: May 10, 2012

    Tracie Lindeman, Clerk of Court lc