12 5 12 complaints to nv comm judicial discipline re w. gardner elliot howard nash holmes sferrazza...

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  • 7/29/2019 12 5 12 Complaints to NV Comm Judicial Discipline Re w. Gardner Elliot Howard Nash Holmes Sferrazza Clifton 02

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    12/3/2012

    Zachary Barker Coughlin

    1471 E. 9th St.

    949

    67 74026

    949 667 7402 tel and fax is the same

    rmc judge william gardner

    Reno Mun c pal Court

    11 CR 26405

    x

    I recently appealed the denial on 11/14/12 of a Motion fo

    For New Trial file

    in late October 2012

    w ll supplement later, but

    and 7/5/12 bail hearing in

    12 cr 12420 and transfer

    in 12 cr ng12-0204, ng12-0435, ng12-0434 (SBN v. Coughlin 11/14/12 formal hearing)

    arraignment in 11 cr 22176 10/10/11

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    12/4/12

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    please see attached materials

    please see attached materials

    incorporate by reference all of Zach Coughlin's documents and exhibits on file before

    nevada supreme court

    http://caseinfo.nvsupremecourt.us/public/caseSearch.do

    http://sdrv.ms/TQrulW incorporate all materials found therein as well

    http://sdrv.ms/TQrEd6

    http://sdrv.ms/RyRc0M

    http://www.youtube.com/user/NEVADARADICAL/videos?view=0

    http://www.youtube.com/user/NevadaGadfly/videos?view=0

    in all these links

    x

    and incorporate by reference all materials found at all links herein an

    therein

    failed to file in my 6/28/12 notice of appeal in 11 cr 26405...judge steven elliot

    member of CAAW's board, went to Stanford with washoe legal services paul elcano, whom

    i sued along with CAAW, Elcano and WLS in cv11-01955 no 60317 and associated ith 60301

    and elliot presided over, did not disclose and was "randomly" assigned my cases in

    d

    cr11-2064 (resulted n suspens on of my law l cense) cr12-1262 and cr12-0376 (8 days n a l a

    medical records privacy rights raped, 40K attorney fee award against me in cv11-03628

    richard g. hill, esq. interspersed throughout...

    oh, and see n s ct case 54844 judge w. gardner's sister I sued Mandamus he passed her o

    cited as sole cause for firing me by WLS to RMC Judge Nash Holmes...ghost grievance

    in re frank....

    failed to forward 11 2 12 Notice of Errate, etc. in 11 cr 26405, cd/dvds missin' (common theme) w

    local judges lately, ask rjc sferrazza and clifton in rcr2011-063341 and rcr2012-065630

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    12/5/12

    zach coughlin

    1471 e. 9th st

    949 667 7402

    dorothy nash holmes and kenneth ho

    rmcreno mun court

    11 tr 26800 and 11 cr 22176 and 11 cr 00696

    can't tell anymore

    x

    every last one of them

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    12/5/12

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    6/28/12 notice of appeal in 11 cr 26405...judge steven elliot

    member of CAAW's board, went to Stanford with washoe legal services paul elcano, whom

    i sued along with CAAW, Elcano and WLS in cv11-01955 no 60317 and associated ith 60301

    and elliot presided over, did not disclose and was "randomly" assigned my cases in

    d

    cr11-2064 (resulted in suspension of my law license) cr12-1262 and cr12-0376 (8 days in jai

    medical records privacy rights raped, 40K attorney fee award against me in cv11-03628

    richard g. hill, esq. interspersed throughout...

    oh, and see n s ct case 54844 judge w. gardner's sister I sued Mandamus he passed her order

    cited as sole cause for firing me by WLS to RMC Judge Nash Holmes...ghost grievance

    in re frank....

    failed to forward 11 2 12 Notice of Errate, etc. in 11 cr 26405, cd/dvds missin' (common th

    with

    local judges lately, ask rjc sferrazza and clifton in rcr2011

    please see attached materials

    please see attached materials

    incorporate by reference all of Zach Coughlin's documents and exhibits on file before the

    nevada supreme court

    http://caseinfo.nvsupremecourt.us/public/caseSearch.do

    http://sdrv.ms/TQrulW incorporate all materials found therein as well

    http://sdrv.ms/TQrEd6

    http://sdrv.ms/RyRc0M

    http://www.youtube.com/user/NEVADARADICAL/videos?view=0

    http://www.youtube.com/user/NevadaGadfly/videos?view=0

    in all these links

    x

    and incorporate by reference all materials found at all links herein and

    therein

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    12/4/12

    Zachary Barker Coughlin

    1471 E. 9th St., Reno, NV 89512

    my telephone and fax is 949 667 7402

    STeven Elliot

    Second Jud c al D str ct Court for Washoe County

    cr12-0376, cr12-1262, cr11-2064

    xcr12-0376 resulted in unlawful 8 day incarceration and coercion of waiver of HIPAA rights

    cr11-2064 and cr12-1262 were fraudulently

    denied

    x

    most of them, I will supplement this later but he is or was on CAAW's Board while presiding

    cv11-01955, wherein I was suing CAAW, and he has "randomly" managed to sink his hooks into

    criminal matters involving me this year, wherein ordeal wi

    Chief Appeals Clerk Lori Matheus has been especially curious. appearance of impropriety

    incarcerated me for lies by Lakes Crossing t

    were not in an affidavit as required by NRS 22.030...DDA Young violated NRS 178.405 stay

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    see attached and I will supplement this soon

    see attached and I will supplement this soon

    xxx

    xx

    cv11-10955 was appealed in 60317...I tried appealing cr11-2064 but apparently that, like Hii

    will require a Mandamus Petition. Now, my appeal of the denial of my motion for new trial

    is being retained as an extension of my initial appeal of rmc 11 cr 26405, in cr12-1262, tho

    do not feel Judge Elliot should ever touch another one of my case, ever.

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    12/5/12

    zach coughlin

    1471 e. 9th st

    tel and fax 949 667 7402

    judge peter j. sferrazza

    reno justice court

    rev2011-001708 and rcr2011-063341

    not sure where either case is exactly

    x

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    12/5/12

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    6/28/12 notice of appeal in 11 cr 26405...judge steven elliot

    member of CAAW's board, went to Stanford with washoe legal services paul elcano, whom

    i sued along with CAAW, Elcano and WLS in cv11-01955 no 60317 and associated ith 60301

    and elliot presided over, did not disclose and was "randomly" assigned my cases in

    d

    cr11-2064 (resulted in suspension of my law license) cr12-1262 and cr12-0376 (8 days in jail

    medical records privacy rights raped, 40K attorney fee award against me in cv11-03628

    richard g. hill, esq. interspersed throughout...

    oh, and see n s ct case 54844 judge w. gardner's sister I sued Mandamus he passed her ordercited as sole cause for firing me by WLS to RMC Judge Nash Holmes...ghost grievance

    in re frank....

    failed to forward 11 2 12 Notice of Errate, etc. in 11 cr 26405, cd/dvds missin' (common the

    with

    local judges lately, ask rjc sferrazza and clifton in rcr2011

    please see attached materials

    please see attached materials

    incorporate by reference all of Zach Coughlin's documents and exhibits on file before the

    nevada supreme court

    http://caseinfo.nvsupremecourt.us/public/caseSearch.do

    http://sdrv.ms/TQrulW incorporate all materials found therein as well

    http://sdrv.ms/TQrEd6

    http://sdrv.ms/RyRc0M

    http://www.youtube.com/user/NEVADARADICAL/videos?view=0

    http://www.youtube.com/user/NevadaGadfly/videos?view=0

    in all these links

    x

    and incorporate by reference all materials found at all links herein and

    therein

    didn't file in notice of appeal submitted 12/26/12 as to ORder "Resolving" contest proprty lien

    hearing on 12/20/12 (its fraudulent to say I "agreed" to the "orderd" plus didn't give me a he

    for 6 weeks though NRS 40.253 calls for one within 10 day sof 11/17/12...called jonas and stanc

    coerced me out of fifth amenments rights at trial in rcr2011-063341 and ltos else.

    i am not sure

    x

    x

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    12/5/12

    Zach Coughl n

    1471 E. 9th St. Reno NV 89512

    tel and fax is 949 667 7402

    I prefer email to [email protected]

    x

    ts not ent rely clear to me

    reno justice court

    Judge Dav d Cl fton

    rcr2012-065630

    x

    this is mostly done out of an abundance of caution because I sense Judge Clifton being taken ov

    per pressure from his fellow Judges and we need good Judges like Judge Clifton and I think its

    late for him to use his talents for helping the forces of good, and

    evil, but he may need to help in getting there. pat flanagan hit me we a $42K atty fee award i

    cv11-03628 where I was a pro se tenant appealing a summary eviction...motion filed while judge

    had me

    locked up and deprived of medications...then the order came down shortly after the rpd

    judge gardner had me locked up on a phony charge and he raised the bail 10 times high o

    nuthin'

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    12/5/12

    Judge Clifton was shaking with anger and venom when he forced me to admit I had filed grievances

    against DDA Zach "Norman Nifong" Young, Esq. for his rampant prosecutorial misconduct, saying "wthat say's a LOT about YOU as a person" and other disparaging and threatening remarks...1983 McG

    Gammick 1982 McGeorge, suspended from practice of law 4 hours after emailing Gammick only time e

    on June 6, 2012...regarding alleged victim battering me with a lit cigarette....McGeorge Mafia:

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    6/28/12 notice of appeal in 11 cr 26405...judge steven elliot

    member of CAAW's board, went to Stanford with washoe legal services paul elcano, whom

    i sued along with CAAW, Elcano and WLS in cv11-01955 no 60317 and associated ith 60301

    and elliot presided over, did not disclose and was "randomly" assigned my cases in

    dcr11-2064 (resulted in suspension of my law license) cr12-1262 and cr12-0376 (8 days in jail an

    medical records privacy rights raped, 40K attorney fee award against me in cv11-03628

    richard g. hill, esq. interspersed throughout...

    oh, and see n s ct case 54844 judge w. gardner's sister I sued Mandamus he passed her order

    cited as sole cause for firing me by WLS to RMC Judge Nash Holmes...ghost grievance

    in re frank....

    failed to forward 11 2 12 Notice of Errate, etc. in 11 cr 26405, cd/dvds missin' (common theme

    with

    local judges lately, ask rjc sferrazza and clifton in rcr2011

    please see attached materials

    please see attached materials

    incorporate by reference all of Zach Coughlin's documents and exhibits on file before thenevada supreme court

    http://caseinfo.nvsupremecourt.us/public/caseSearch.do

    http://sdrv.ms/TQrulW incorporate all materials found therein as well

    http://sdrv.ms/TQrEd6

    http://sdrv.ms/RyRc0M

    http://www.youtube.com/user/NEVADARADICAL/videos?view=0

    http://www.youtube.com/user/NevadaGadfly/videos?view=0

    in all these links

    x

    and incorporate by reference all materials found at all links herein and

    therein

    judge clifton summarily took away my fax filing rights poor little dda young couldn't take it

    and I had barely even been inserted as counsel yet when he did that, plus he tried to depose w

    dogan to get some rhythmn on denying me a continuance.

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    th s guy went to Stanford around 1966 w th Washoe Legal Serv ces Paul Elcano, who

    admits to being "boyhood chums" with (what about the wine business, guys?) and Ju

    STeven Elliot, who has "randomly" been assigned three criminal appeals of Coughli

    since Coughlin upset the brother and sister Judge tandem of Linda and William Gar

    by filing a Petition for Writ of Mandamus in 54844 after her sanctions against hi

    were cited by Elcano

    sole reason he fired

    Coughlin....then in CV11-01955 Coughlin sued WLS and CAAW and Judge Elliot

    disclose that he was

    CAAW's Board or that

    worked at Echeverria

    Osborne, and now Echeverria is the Panel Chair for Coughlin formal Disc

    hear ng and Elcano s added as a w tness ust a couple days before the hear ng along

    most of the other people who graduated from McGeorge School of law between 1977-1982

    please add JOhn Echeverr a s he s sub ect to Jud c al D sc pl ne

    Commission Jurisdiction in his role as Panel Chair.

    Tom Susich and Pat King really did a "shake

    bake" on the formal disciplinary hearin

    selection for the 11/14/12 hearing in sbn

    coughlin

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    RE: Missing property

    From: Campbell, Debra([email protected])

    Sent: Tue 3/13/12 10:49 AM

    To: [email protected]

    No, a micro sd card is not listed on the evidence envelope.

    Debi Campbell, Detention Operations Manager

    Washoe County Sheriff's Office

    911 Parr Blvd

    Reno, NV 89512-1000

    (775) 328-2893 (Office)

    (775) 328-6305 (FAX)[email protected]

    WCSO MISSION STATEMENT

    To serve the residents of Washoe County, consistently earning the public's confidence by providing a

    safe and secure community using the highest quality law enforcement, detention, and support services

    possible within the resources entrusted to us.

    CONFIDENTIAL AND PRIVILEGED COMMUNICATION AND WORK PRODUCT: This communication, including

    attachments, is for the exclusive use of addressee and may contain proprietary, confidential and/or privileged

    information. If you are not the intended recipient, any use, copying, disclosure, dissemination or distribution is

    strictly prohibited. If you are not the intended recipient, please notify the sender immediately by return email,

    delete this communication and destroy all copies.

    From:Zach Coughlin [mailto:[email protected]]

    Sent:Tuesday, March 13, 2012 10:29 AM

    To:Campbell, Debra

    Subject:RE: Missing property

    Did these items that were placed into evidence include a micro sd card?

    Zach Coughlin, Esq., 1422 E. 9th St. #2, RENO, NV 89512, tel: 775 338 8118, fax: 949 667 7402;

    [email protected] Nevada Bar No: 9473

    Hotmail Print Message http://by148w.bay148.mail.live.com/mail/PrintMessages.aspx?

    1 of 17 3/29/20

    Subject: Missing property

    Date: Tue, 13 Mar 2012 10:14:59 -0700

    From: [email protected]

    To: [email protected]

    Mr. Coughlin:

    Your email regarding your missing secure property was forwarded to me for response. I apologize for the delay

    in responding to you but it took me a little while to figure out the issue.

    Your two cell phones and electric razor were put into evidence at the request of Judge Nash-Holmes on

    February 28, 2012. In order for us to release them to you, we will need an order from Judge Nash-Holmes that

    the evidence can be released to you.

    To make this matter smoother for you all documentation should reflect Washoe County Sheriffs Office case

    number 12-1805 and evidence number C-47591. The court case number corresponding to this issue is

    11TR26800.

    If you have any questions all of my contact information is listed below.

    Debi Campbell, Detention Operations ManagerWashoe County Sheriff's Office

    911 Parr Blvd

    Reno, NV 89512-1000

    (775) 328-2893 (Office)

    (775) 328-6305 (FAX)

    [email protected]

    WCSO MISSION STATEMENT

    To serve the residents of Washoe County, consistently earning the public's confidence by providing a

    safe and secure community using the highest quality law enforcement, detention, and support services

    possible within the resources entrusted to us.

    CONFIDENTIAL AND PRIVILEGED COMMUNICATION AND WORK PRODUCT: This communication, including

    attachments, is for the exclusive use of addressee and may contain proprietary, confidential and/or privileged

    information. If you are not the intended recipient, any use, copying, disclosure, dissemination or distribution is

    strictly prohibited. If you are not the intended recipient, please notify the sender immediately by return email,

    delete this communication and destroy all copies.

    mail Print Message http://by148w.bay148.mail.live.com/mail/PrintMessages.aspx?cpids=ce3...

    17 3/29/2012 2:18 PM

    FW: missing property from my secured property

    From: Cummings, Tami([email protected])

    Sent: Mon 3/05/12 8:43 AM

    To: [email protected]

    Cc: Sheriff - Bkg_CC Supervisors ([email protected])

    Dear Mr. Coughlin:

    Thank you for your email. We are forwarding your email to our Deten on Booking Supervisors for their

    review and response. Shou ld you need to contact them by phone, you can call Detenon Administraon at

    328-2971.

    Regards,

    Community Relations| Washoe County Sheriff's Office

    From:Zach Coughlin [mailto:[email protected]]

    Sent:Friday, March 02, 2012 9:40 PM

    To:SheriffWeb

    Subject:missing property from my secured property

    Dear Washoe County Sheriff's Office and Jail,

    The secured property returned to me today did not include either of my cellphones or the micro sd card that were listed on my check in sheet. My agent,Peter Eastman, did come and retrieve my keys and wallet, etc. (to help makesure my dog would not starve to death, and I am so thankful to you for lettinghim do that as animal control would have likely cost much money and I alreadyhad a $300 towing bill for my car upon being release from jail and I amliterally flat broke, and just had to pay my $450 per year bar dues and pay fortwelve credits of continuing legal education and my yearly CLE dues....so it

    Hotmail Print Message http://by148w.bay148.mail.live.com/mail/PrintMessages.aspx?

    3 of 17 3/29/20

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    RE: Missing property

    really helped that the Sheriff's Office let Mr. Eastman get my keys to feed mydog, thank you!).

    However, Mr. Eastman indicates to me that he did not receive either cell phoneor the micro sd card upon picking up my secured property.

    If possible please reply by fax or email as I, obviously, do not have my phonesand there is a problem right now with my usps mailbox.

    Zach Coughlin, Esq., 1422 E. 9th St. #2, RENO, NV 89512, tel: 775 338 8118, fax: 949 667 7402;

    [email protected] Nevada Bar No: 9473

    From: Campbell, Debra([email protected])

    Sent: Tue 3/13/12 1:57 PM

    To: [email protected]

    Yes, a micro sd card was listed on the inventory at intake and was released with the rest of your p roperty on

    2-29-12 to Peter Eastman. I will scan and email you a copy of the intake property form and the release form

    signed by Mr. Eastman.

    Debi Campbell, Detention Operations Manager

    Washoe County Sheriff's Office

    911 Parr Blvd

    Reno, NV 89512-1000

    (775) 328-2893 (Office)

    (775) 328-6305 (FAX)

    [email protected]

    WCSO MISSION STATEMENT

    To serve the residents of Washoe County, consistently earning the public's confidence by providing a

    safe and secure community using the highest quality law enforcement, detention, and support services

    possible within the resources entrusted to us.

    CONFIDENTIAL AND PRIVILEGED COMMUNICATION AND WORK PRODUCT: This communication, including

    attachments, is for the exclusive use of addressee and may contain proprietary, confidential and/or privileged

    information. If you are not the intended recipient, any use, copying, disclosure, dissemination or distribution is

    mail Print Message http://by148w.bay148.mail.live.com/mail/PrintMessages.aspx?cpids=ce3...

    17 3/29/2012 2:18 PM

    strictly prohibited. If you are not the intended recipient, please notify the sender immediately by return email,

    delete this communication and destroy all copies.

    From:Zach Coughlin [mailto:[email protected]]

    Sent:Tuesday, March 13, 2012 11:08 AM

    To:Campbell, Debra

    Subject:RE: Missing property

    Is a micro sd card listed on the property sheet at intake?

    Zach Coughlin, Esq., 1422 E. 9th St. #2, RENO, NV 89512, tel: 775 338 8118, fax: 949 667 7402;

    [email protected] Nevada Bar No: 9473

    Subject: RE: Missing property

    Date: Tue, 13 Mar 2012 10:48:59 -0700

    From: [email protected]

    To: [email protected]

    No, a micro sd card is not listed on the evidence envelope.

    Debi Campbell, Detention Operations Manager

    Washoe County Sheriff's Office

    911 Parr Blvd

    Reno, NV 89512-1000

    (775) 328-2893 (Office)

    (775) 328-6305 (FAX)

    [email protected]

    WCSO MISSION STATEMENT

    To serve the residents of Washoe County, consistently earning the public's confidence by providing a

    safe and secure community using the highest quality law enforcement, detention, and support services

    possible within the resources entrusted to us.

    CONFIDENTIAL AND PRIVILEGED COMMUNICATION AND WORK PRODUCT: This communication, including

    attachments, is for the exclusive use of addressee and may contain proprietary, confidential and/or privileged

    information. If you are not the intended recipient, any use, copying, disclosure, dissemination or distribution is

    strictly prohibited. If you are not the intended recipient, please notify the sender immediately by return email,

    delete this communication and destroy all copies.

    Hotmail Print Message http://by148w.bay148.mail.live.com/mail/PrintMessages.aspx?

    5 of 17 3/29/20

    From:Zach Coughlin [mailto:[email protected]]

    Sent:Tuesday, March 13, 2012 10:29 AM

    To:Campbell, Debra

    Subject:RE: Missing property

    Did these items that were placed into evidence include a micro sdcard?

    Zach Coughlin, Esq., 1422 E. 9th St. #2, RENO, NV 89512, tel: 775 338 8118, fax: 949 667 7402;

    [email protected] Nevada Bar No: 9473

    Subject: Missing property

    Date: Tue, 13 Mar 2012 10:14:59 -0700

    From: [email protected]

    To: [email protected]

    Mr. Coughlin:

    Your email regarding your missing secure property was forwarded to me for response. I apologize for the delay

    in responding to you but it took me a little while to figure out the issue.

    Your two cell phones and electric razor were put into evidence at the request of Judge Nash-Holmes on

    February 28, 2012. In order for us to release them to you, we will need an order from Judge Nash-Holmes that

    the evidence can be released to you.

    To make this matter smoother for you all documentation should reflect Washoe County Sheriffs Office case

    number 12-1805 and evidence number C-47591. The court case number corresponding to this issue is

    11TR26800.

    If you have any questions all of my contact information is listed below.

    Debi Campbell, Detention Operations Manager

    Washoe County Sheriff's Office

    911 Parr Blvd

    mail Print Message http://by148w.bay148.mail.live.com/mail/PrintMessages.aspx?cpids=ce3...

    17 3/29/2012 2:18 PM

    RE: Missing property

    Reno, NV 89512-1000

    (775) 328-2893 (Office)

    (775) 328-6305 (FAX)

    [email protected]

    WCSO MISSION STATEMENT

    To serve the residents of Washoe County, consistently earning the public's confidence by providing a

    safe and secure community using the highest quality law enforcement, detention, and support services

    possible within the resources entrusted to us.

    CONFIDENTIAL AND PRIVILEGED COMMUNICATION AND WORK PRODUCT: This communication, including

    attachments, is for the exclusive use of addressee and may contain proprietary, confidential and/or privileged

    information. If you are not the intended recipient, any use, copying, disclosure, dissemination or distribution is

    strictly prohibited. If you are not the intended recipient, please notify the sender immediately by return email,

    delete this communication and destroy all copies.

    From: Campbell, Debra([email protected])

    Sent: Tue 3/13/12 2:50 PM

    To: [email protected]

    1 attachment

    Coughlin Property Docs 0312.doc (2.6 MB)

    The two documents I referred to in my last email are aached.

    Debi Campbell, Detention Operations Manager

    Washoe County Sheriff's Office

    911 Parr Blvd

    Reno, NV 89512-1000

    (775) 328-2893 (Office)

    (775) 328-6305 (FAX)

    [email protected]

    WCSO MISSION STATEMENT

    To serve the residents of Washoe County, consistently earning the public's confidence by providing a

    safe and secure community using the highest quality law enforcement, detention, and support services

    Hotmail Print Message http://by148w.bay148.mail.live.com/mail/PrintMessages.aspx?

    7 of 17 3/29/20

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    possible within the resources entrusted to us.

    CONFIDENTIAL AND PRIVILEGED COMMUNICATION AND WORK PRODUCT: This communication, including

    attachments, is for the exclusive use of addressee and may contain proprietary, confidential and/or privileged

    information. If you are not the intended recipient, any use, copying, disclosure, dissemination or distribution is

    strictly prohibited. If you are not the intended recipient, please notify the sender immediately by return email,

    delete this communication and destroy all copies.

    From:Zach Coughlin [mailto:[email protected]]

    Sent:Tuesday, March 13, 2012 11:08 AM

    To:Campbell, Debra

    Subject:RE: Missing property

    Is a micro sd card listed on the property sheet at intake?

    Zach Coughlin, Esq., 1422 E. 9th St. #2, RENO, NV 89512, tel: 775 338 8118, fax: 949 667 7402;

    [email protected] Nevada Bar No: 9473

    Subject: RE: Missing property

    Date: Tue, 13 Mar 2012 10:48:59 -0700

    From: [email protected]

    To: [email protected]

    No, a micro sd card is not listed on the evidence envelope.

    Debi Campbell, Detention Operations Manager

    Washoe County Sheriff's Office

    911 Parr Blvd

    Reno, NV 89512-1000

    (775) 328-2893 (Office)

    (775) 328-6305 (FAX)

    [email protected]

    WCSO MISSION STATEMENT

    To serve the residents of Washoe County, consistently earning the public's confidence by providing a

    safe and secure community using the highest quality law enforcement, detention, and support services

    possible within the resources entrusted to us.

    mail Print Message http://by148w.bay148.mail.live.com/mail/PrintMessages.aspx?cpids=ce3...

    17 3/29/2012 2:18 PM

    CONFIDENTIAL AND PRIVILEGED COMMUNICATION AND WORK PRODUCT: This communication, including

    attachments, is for the exclusive use of addressee and may contain proprietary, confidential and/or privileged

    information. If you are not the intended recipient, any use, copying, disclosure, dissemination or distribution is

    strictly prohibited. If you are not the intended recipient, please notify the sender immediately by return email,

    delete this communication and destroy all copies.

    From:Zach Coughlin [mailto:[email protected]]

    Sent:Tuesday, March 13, 2012 10:29 AM

    To:Campbell, Debra

    Subject:RE: Missing property

    Did these items that were placed into evidence include a micro sdcard?

    Zach Coughlin, Esq., 1422 E. 9th St. #2, RENO, NV 89512, tel: 775 338 8118, fax: 94 9 667 7402;

    [email protected] Nevada Bar No: 9473

    Subject: Missing property

    Date: Tue, 13 Mar 2012 10:14:59 -0700

    From: [email protected]

    To: [email protected]

    Mr. Coughlin:

    Your email regarding your missing secure property was forwarded to me for response. I apologize for the delay

    in responding to you but it took me a little while to figure out the issue.

    Your two cell phones and electric razor were put into evidence at the request of Judge Nash-Holmes on

    February 28, 2012. In order for us to release them to you, we will need an order from Judge Nash-Holmes that

    the evidence can be released to you.

    To make this matter smoother for you all documentation should reflect Washoe County Sheriffs Office case

    number 12-1805 and evidence number C-47591. The court case number corresponding to this issue is

    11TR26800.

    If you have any questions all of my contact information is listed below.

    Hotmail Print Message http://by148w.bay148.mail.live.com/mail/PrintMessages.aspx?

    9 of 17 3/29/20

    RE: Missing property

    Debi Campbell, Detention Operations Manager

    Washoe County Sheriff's Office

    911 Parr Blvd

    Reno, NV 89512-1000

    (775) 328-2893 (Office)

    (775) 328-6305 (FAX)

    [email protected]

    WCSO MISSION STATEMENT

    To serve the residents of Washoe County, consistently earning the public's confidence by providing a

    safe and secure community using the highest quality law enforcement, detention, and support services

    possible within the resources entrusted to us.

    CONFIDENTIAL AND PRIVILEGED COMMUNICATION AND WORK PRODUCT: This communication, including

    attachments, is for the exclusive use of addressee and may contain proprietary, confidential and/or privileged

    information. If you are not the intended recipient, any use, copying, disclosure, dissemination or distribution is

    strictly prohibited. If you are not the intended recipient, please notify the sender immediately by return email,

    delete this communication and destroy all copies.

    From: Campbell, Debra([email protected])

    Sent: Wed 3/14/12 6:52 AM

    To: [email protected]

    I am saying that two cell phones and an electric razor were placed into evidence at the instrucon of Judge

    Nash-Holmes and the evidence envelope states that is what is in the envelope. As I do not work in or have

    access to the evidence unit, I am relaying what they told me when they checked the envelope.

    In response to your prior email, the property record form stated that there was a micro sd card. The

    Authorizaon for Release of Property/Money w as dated 2-29-12 and signed by Mr. Eastman. The statement

    he signed states that he acknowledged that he received the items listed on the property record form. I can

    only assume that is the case as he signed the form and you authorized him to pick up the property.

    Since I am not an aorney I will send your last two emails to the Assistant District Aorney assigned to the

    Sheris Oce for response.

    mail Print Message http://by148w.bay148.mail.live.com/mail/PrintMessages.aspx?cpids=ce3...

    f 17 3/29/2012 2:18 PM

    Debi Campbell, Detention Operations Manager

    Washoe County Sheriff's Office

    911 Parr Blvd

    Reno, NV 89512-1000

    (775) 328-2893 (Office)

    (775) 328-6305 (FAX)

    [email protected]

    WCSO MISSION STATEMENT

    To serve the residents of Washoe County, consistently earning the public's confidence by providing a

    safe and secure community using the highest quality law enforcement, detention, and support services

    possible within the resources entrusted to us.

    CONFIDENTIAL AND PRIVILEGED COMMUNICATION AND WORK PRODUCT: This communication, including

    attachments, is for the exclusive use of addressee and may contain proprietary, confidential and/or privileged

    information. If you are not the intended recipient, any use, copying, disclosure, dissemination or distribution is

    strictly prohibited. If you are not the intended recipient, please notify the sender immediately by return email,

    delete this communication and destroy all copies.

    From:Zach Coughlin [mailto:[email protected]]

    Sent:Tuesday, March 13, 2012 9:23 PM

    To:Campbell, Debra; Kandaras, Mary

    Subject:RE: Missing property

    So, are you saying you or your o ffice currently have an "evidence envelope" that contains

    these items placed into "evidence" . Do you whether that comprots with previous

    assertions made by your office or agents, or, if, in fact, it con tradicts representations as to

    whom came and took what? If you still have any of this property in your possession,

    please consider whether it is legal for you to allow the RMC or the Reno Marshal to come

    check it out like a book from the l ibrary, or whether you have some liability if, oopsie,

    something "disappears". Please ask Deputy Cheung about all of these circumstances

    detailed in our correspondences and p rovide written documentation detailing his

    responses. Further, please provide pictures of the evidence envelope and all the "evidence"

    within such an envelope, inclu ding whether a micro sd card in within such materials or

    whether such a card is somehow contained in one of the phones or otherwise instereted

    into the same. Additionally, please indicate whether a phone battery or two is present.

    Please ask yourself who is running what and whether th at is appropriate.

    Sincerely,

    Hotmail Print Message http://by148w.bay148.mail.live.com/mail/PrintMessages.aspx?

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    Zach Coughlin, Esq., 1422 E. 9th St. #2, RENO, NV 89512, tel: 775 338 8118, fax: 949 667 7402;

    [email protected] Nevada Bar No: 9473

    Subject: RE: Missing property

    Date: Tue, 13 Mar 2012 10:48:59 -0700

    From: [email protected]

    To: [email protected]

    No, a micro sd card is not listed on the evidence envelope.

    Debi Campbell, Detention Operations Manager

    Washoe County Sheriff's Office911 Parr Blvd

    Reno, NV 89512-1000

    (775) 328-2893 (Office)

    (775) 328-6305 (FAX)

    [email protected]

    WCSO MISSION STATEMENT

    To serve the residents of Washoe County, consistently earning the public's confidence by providing a

    safe and secure community using the highest quality law enforcement, detention, and support services

    possible within the resources entrusted to us.

    CONFIDENTIAL AND PRIVILEGED COMMUNICATION AND WORK PRODUCT: This communication, including

    attachments, is for the exclusive use of addressee and may contain proprietary, confidential and/or privileged

    information. If you are not the intended recipient, any use, copying, disclosure, dissemination or distribution is

    strictly prohibited. If you are not the intended recipient, please notify the sender immediately by return email,

    delete this communication and destroy all copies.

    From:Zach Coughlin [mailto:[email protected]]

    Sent:Tuesday, March 13, 2012 10:29 AM

    To:Campbell, Debra

    Subject:RE: Missing property

    Did these items that were placed into evidence include a micro sdcard?

    mail Print Message http://by148w.bay148.mail.live.com/mail/PrintMessages.aspx?cpids=ce3...

    f 17 3/29/2012 2:18 PM

    Zach Coughlin, Esq., 1422 E. 9th St. #2, RENO, NV 89512, tel: 775 338 8118, fax: 94 9 667 7402;

    [email protected] Nevada Bar No: 9473

    Subject: Missing property

    Date: Tue, 13 Mar 2012 10:14:59 -0700

    From: [email protected]

    To: [email protected]

    Mr. Coughlin:

    Your email regarding your missing secure property was forwarded to me for response. I apologize for the delay

    in responding to you but it took me a little while to figure out the issue.

    Your two cell phones and electric razor were put into evidence at the request of Judge Nash-Holmes on

    February 28, 2012. In order for us to release them to you, we will need an order from Judge Nash-Holmes that

    the evidence can be released to you.

    To make this matter smoother for you all documentation should reflect Washoe County Sheriffs Office case

    number 12-1805 and evidence number C-47591. The court case number corresponding to this issue is

    11TR26800.

    If you have any questions all of my contact information is listed below.

    Debi Campbell, Detention Operations Manager

    Washoe County Sheriff's Office

    911 Parr Blvd

    Reno, NV 89512-1000

    (775) 328-2893 (Office)

    (775) 328-6305 (FAX)

    [email protected]

    WCSO MISSION STATEMENT

    To serve the residents of Washoe County, consistently earning the public's confidence by providing a

    safe and secure community using the highest quality law enforcement, detention, and support services

    possible within the resources entrusted to us.

    CONFIDENTIAL AND PRIVILEGED COMMUNICATION AND WORK PRODUCT: This communication, including

    Hotmail Print Message http://by148w.bay148.mail.live.com/mail/PrintMessages.aspx?

    13 of 17 3/29/20

    RE: request for written response regarding property being

    held in evidence

    attachments, is for the exclusive use of addressee and may contain proprietary, confidential and/or privileged

    information. If you are not the intended recipient, any use, copying, disclosure, dissemination or distribution is

    strictly prohibited. If you are not the intended recipient, please notify the sender immediately by return email,

    delete this communication and destroy all copies.

    From: Beckman, Trish([email protected])

    Sent: Tue 3/20/12 8:49 AM

    To: [email protected]

    Mr. Coughlin, Aached is the wrien response to your email. Per our phone conversaon a copy of this

    response has been sent to the fax number you gave me (949-667-7402).

    Trish

    From:Zach Coughlin [mailto:[email protected]]

    Sent:Monday, March 19, 2012 4:58 PM

    To:Beckman, Trish

    Subject:request for written response regarding property being held in evidence

    Dear Ms. Beckman,

    A WCSO Deputy informed me that my property was being held in evidence, including a

    flip phone style cell phone, and an HTC g2 smartphone in addition to a micro sd memory

    card, and an electric shaved. He indicated the items were booked into evidence on2/27/12, th en taken by the City of Reno Marshal Division on 2/28/12. A WCSO Deputy

    also indicated these items in evidence were release again to the City of Reno Marshal

    Division on 3/14/ 12 because "its just easier to get it back to you that way"....However, now

    it appears once again your office has the property.

    I would like a written response detailing the chain of custody of all the property for all

    times since the arrest, and itemized listing of the property, and an indication of when, if

    ever, I will be informed of why it is being held and when, if ever, it will be returned to me,

    mail Print Message http://by148w.bay148.mail.live.com/mail/PrintMessages.aspx?cpids=ce3...

    f 17 3/29/2012 2:18 PM

    RE: request for written response regarding property being

    held in evidence

    and and indication of what exactly has been done with this property, including whether an

    viewing or copying of the contents has been undertaken or will remain in anyone'spossession other than mine.

    Sincerely,

    Zach Coughlin, Esq., 1422 E. 9th St. #2, RENO, NV 89512, tel: 775 338 8118, fax: 949 667 7402;

    [email protected] Nevada Bar No: 9473

    From: Beckman, Trish([email protected])

    Sent: Tue 3/20/12 11:12 AM

    To: [email protected]

    1 attachment

    COUGHLIN.docx (145.4 KB)

    From:Zach Coughlin [mailto:[email protected]]

    Sent:Tuesday, March 20, 2012 11:11 AM

    To:Beckman, Trish

    Subject:RE: request for written response regarding property being held in evidence

    Dear Ms. Beckman,

    There was nothing attached to your email. Would you please resend and attach the file

    you referenced below?

    Thanks,

    Zach Coughlin, Esq., 1422 E. 9th St. #2, RENO, NV 89512, tel: 775 338 8118, fax: 949 667 7402;

    [email protected] Nevada Bar No: 9473

    Hotmail Print Message http://by148w.bay148.mail.live.com/mail/PrintMessages.aspx?

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    Subject: RE: request for written response regarding property being held in evidence

    Date: Tue, 20 Mar 2012 08:49:52 -0700

    From: [email protected]

    To: [email protected]

    Mr. Coughlin, Aached is the wrien response to your email. Per our phone conversaon a copy of this

    response has been sent to the fax number you gave me (949-667-7402).

    Trish

    From:Zach Coughlin [mailto:[email protected]]

    Sent:Monday, March 19, 2012 4:58 PM

    To:Beckman, Trish

    Subject:request for written response regarding property being held in evidence

    Dear Ms. Beckman,

    A WCSO Deputy informed me that my property was being held in evidence,

    including a flip phone style cell phone, and an HTC g2 smartphone in addition to a

    micro sd memory card, and an electric shaved. He indicated the items were bookedinto evidence on 2/27/12, then taken by the City of Reno Marshal Division on

    2/28/12. A WCSO Deputy also indicated these items in evidence were release again

    to the City of Reno Marshal Division on 3/14/12 because "its just easier to get it

    back to you that way"....However, now it appears once again your office has the

    property.

    I would like a written response detailing the chain of custody of all the property for

    all times since the arrest, and itemized listing of the property, and an indication of

    when, if ever, I will be informed of why it is being held and when, if ever, it will be

    returned to me, and and indication of what exactly has been done with this

    property, including whether an viewing or copying of the contents has beenundertaken or will remain in anyone's possession other than mine.

    Sincerely,

    Zach Coughlin, Esq., 1422 E. 9th St. #2, RENO, NV 89512, tel: 775 338 8118, fax: 949 667 7402;

    [email protected] Nevada Bar No: 9473

    mail Print Message http://by148w.bay148.mail.live.com/mail/PrintMessages.aspx?cpids=ce3...

    f 17 3/29/2012 2:18 PM

    Hotmail Print Message http://by148w.bay148.mail.live.com/mail/PrintMessages.aspx?

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    1

    1 CODE: 4185

    LORI URMSTON, CCR #51

    2 Peggy Hoogs & Associates

    435 Marsh Avenue

    3 Reno, Nevada 89509

    (775) 327-4460

    4 Court Reporter

    5

    6 SECOND JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA

    7 IN AND FOR THE COUNTY OF WASHOE

    8 HONORABLE STEVEN P. ELLIOTT, DISTRICT JUDGE

    9

    10 STATE OF NEVADA,

    11 Plaintiff,

    Case No. CR12-0376

    12 vs.

    Dept. No. 10

    13 ZACHARY BARKER COUGHLIN,

    14 Defendant.

    _____________________________/

    15

    16 TRANSCRIPT OF PROCEEDINGS

    17 REPORT - PSYCHIATRIC EVALUATION

    18 APRIL 19, 2012; THURSDAY

    19 RENO, NEVADA

    20

    21

    22

    23

    24 Reported by: LORI URMSTON, CCR #51

    F I L E DElectronically

    05-09-2012:09:42:24 AMJoey Orduna Hastings

    Clerk of the Court

    Transaction # 2941159

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    2

    1 APPEARANCES:

    2 For the Plaintiff: ZACH YOUNG

    Deputy District Attorney

    3 1 South Sierra Street

    South Tower, 4th Floor

    4 P.O. Box 30083

    Reno, Nevada 89520

    5

    6 For the Defendant: BIRAY DOGAN

    Deputy Public Defender

    7 350 S. Center Street

    P.O. Box 30083

    8 Reno, Nevada 89520

    9

    10 For the Department of

    Parole & Probation: GAIL FALCONER11

    12

    13

    14

    15

    16

    17

    18

    19

    20

    21

    22

    23

    24

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    3

    1 RENO, NEVADA; THURSDAY, APRIL 19, 2012; 10:20 A.M.

    2 --o0o--

    3 THE COURT: And then the last thing we're going to

    4 take before a recess will be the Zachary Coughlin.

    5 MR. YOUNG: Good morning, Your Honor.

    6 MR. DOGAN: Your Honor, Biray Dogan on behalf of

    7 Mr. Coughlin who is present today and out of custody.

    8 THE DEFENDANT: Good morning, Your Honor.

    9 THE COURT: All right. Then this matter is here on

    10 a report of psychiatric evaluation. There is a letter

    11 here from Sally Farmer and Bill Davis. And have you

    12 received this, Mr. Dogan?

    13 MR. DOGAN: Your Honor, can I have the Court's

    14 indulgence?

    15 MR. YOUNG: Your Honor, can we approach?

    16 THE COURT: Yes.

    17 (A discussion was held off the record.)

    18 THE COURT: Well, as a result of the hearing here

    19 at the bench, the Coughlin matter will be continued to

    20 the end of our docket so that we can take a recess now.

    21 And the end of the docket means that it would be after

    22 the 10 o'clock matter, because it's already 25 after

    23 10:00 or so, and we need to get on with another matter

    24 in that we have a lot of people here.

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    4

    1 All right. So court will stand in recess.

    2 (A recess was taken and the following

    proceedings were had at 10:45 a.m.:)

    3

    4 THE COURT: As our next case then, we'll go back to

    5 the 8:30 docket, and let's take Zachary Coughlin again.

    6 Let's see if we can conclude that matter.

    7 MR. YOUNG: Good morning, Your Honor.

    8 THE DEFENDANT: Good morning, Your Honor.

    9 THE COURT: And then we're here to discuss the

    10 letter of April 17 that was sent out really to

    11 Mr. Dogan with copies to me and Mr. Young from Sally

    12 Farmer and Bill Davis who are psychologists at the

    13 Lakes Crossing Center.

    14 And, Mr. Dogan, do you want to explain this?

    15 MR. DOGAN: Yes, Your Honor.

    16 THE DEFENDANT: I'm sorry, Your Honor, if I can

    17 interject quickly.

    18 THE COURT: I'm asking Mr. Dogan to start.

    19 THE DEFENDANT: Yes, Your Honor, but before he puts

    20 anything on the record, I'm going to ask to have him

    21 withdrawn or--

    22 MR. DOGAN: That would be a separate matter.

    23 THE COURT: I'll go with Mr. Dogan.

    24 THE DEFENDANT: Thank you, Your Honor.

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    5

    1 MR. DOGAN: Your Honor, if any issues are raised

    2 regarding a motion to withdraw or anything dealing with

    3 my representation of Mr. Coughlin, that would be a

    4 separate hearing. That hearing will be under Young

    5 versus State. Today we are here for one matter, and

    6 that is the SB89 regarding my client's competency and

    7 whether he's fit to proceed with adjudication.

    8 Your Honor, I'm going to be requesting a short

    9 two-week continuance in this case so that my client can

    10 be evaluated by Lakes Crossing, by both Sally Farmer

    11 and Dr. Davis.

    12 My client has done all he can do to make his

    13 scheduled appointments with both of the doctors in this

    14 matter. And there have been some significant

    15 difficulties with Mr. Coughlin being evaluated by both

    16 of those doctors. However, I believe those

    17 difficulties will be able to-- we'll iron them out and

    18 we'll be able to get that competency evaluation for the

    19 Court within two weeks.

    20 THE COURT: So you're in essence telling me that

    21 you believe at this point in time that your client is

    22 willing to cooperate with an evaluator?

    23 MR. DOGAN: I do, Your Honor. Your Honor, the

    24 reason is because the Court has never-- we've never

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    6

    1 appeared in court. And if Your Honor orders

    2 Mr. Coughlin to cooperate and to obtain the

    3 evaluations, by then we should be able to have those

    4 evaluations for Court.

    5 The one thing that I want to prevent in this case

    6 is Mr. Coughlin being remanded into the custody of the

    7 Washoe County Sheriff so that he can be evaluated while

    8 he's at the Washoe County Jail. That's a huge concern

    9 of mine. And I do not want Mr. Coughlin to be remanded

    10 to the custody of the Sheriff.

    11 Your Honor, the main reason is because Mr. Coughlin

    12 is a licensed attorney. He does have clients and he's

    13 representing those clients. If he is remanded into the

    14 custody of the Sheriff, he will not be able to pursue

    15 the litigation that he must while representing those

    16 individuals, and his livelihood-- it will significantly

    17 impact his livelihood. And, therefore, I'm going to

    18 make that request, that this matter be continued

    19 briefly for two weeks, Your Honor.

    20 THE COURT: Well, clearly if he's not going to

    21 cooperate out of custody, putting him into custody, you

    22 know, and forcibly cooperating is the alternative, so

    23 it has to be considered.

    24 And, Mr. Young, what is the State's position?

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    7

    1 MR. YOUNG: Your Honor, I think Mr. Dogan

    2 accurately stated that essentially your two

    3 alternatives at this point are just to continue the

    4 matter out a few weeks to give Mr. Coughlin an

    5 opportunity to be evaluated or alternatively remand him

    6 into custody where, as you stated, it would more or

    7 less seek to-- that the evaluations take place.

    8 I'm going to respectfully ask that you follow the

    9 latter of those two alternatives. And if I could take

    10 a minute to explain why I'm making that recommendation.

    11 He was released for this case on a 1,500-dollar

    12 bond that he posted. And obviously, one of the

    13 conditions of somebody being released, whether it's

    14 bond, OR or otherwise, is conditioned upon that

    15 individual's good behavior. And what we have here is

    16 an individual who-- The competency evaluation was

    17 filed in Justice Court February 27th. The matter was

    18 set to my knowledge for April 3rd in front of Your

    19 Honor for the evaluation.

    20 There was the request, albeit done by e-mail by

    21 Mr. Coughlin in his personal capacity, but after

    22 speaking with the court staff and Mr. Dogan, I agreed

    23 to continue that out to give Mr. Coughlin the

    24 opportunity to get his evaluations done.

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    8

    1 We then go forward to today. And Your Honor has

    2 already referenced the letter which talks about

    3 threatening legal action against one of the evaluators,

    4 showing up late to the scheduled appointment, taking

    5 additional time to--

    6 THE DEFENDANT: Object, Your Honor; hearsay.

    7 THE COURT: Overruled.

    8 THE DEFENDANT: Move to strike.

    9 THE COURT: You're not in a position to object to

    10 anything.

    11 THE DEFENDANT: I understand that, Your Honor.

    12 Respectfully, I submit that rather than having

    13 handcuffs on me, by having Mr. Dogan as my attorney, I

    14 would ask that I be allowed to represent myself.

    15 THE COURT: You're in a position where, you know,

    16 if you interrupt and cause trouble, you're going to be

    17 taken into custody and then forcibly, you know, given

    18 these evaluations, so if I were you, I would simply

    19 cooperate with us and don't cause a problem.

    20 All right. Mr. Young, you may proceed.

    21 MR. YOUNG: Your Honor, after showing up 20 minutes

    22 late according to the letter, which is on file with the

    23 court, he takes an additional ten minutes arguing with

    24 security personnel and basically being completely

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    9

    1 disruptive to the process.

    2 The ironic thing about this is that this evaluation

    3 is entirely for Mr. Coughlin's benefit. The threshold

    4 question is: Is he competent to stand trial? But even

    5 if he's-- if the evaluations come back that he is

    6 competent, his attorney can use that to his benefit

    7 with what's contained in the evaluations for any

    8 potential negotiation purposes, sentencing, should we

    9 get to that point, and the like.

    10 And so through the actions of the defendant, not to

    11 mention his previous statements that, one, he doesn't

    12 even want to get evaluated for competency, and then

    13 subsequent to that having a problem having Lakes

    14 Crossing do that, at a minimum, his actions are not

    15 evidencing good character as is required by his bail

    16 being posted. At worst, it's completely

    17 obstructionist.

    18 And he is in the sole position to bring this entire

    19 proceeding to a screeching halt if he continues this

    20 behavior, showing up late, not cooperating with going

    21 through evaluations which benefit him.

    22 So based on that, Your Honor, what I would ask is

    23 that you revoke the bond that was previously posted and

    24 remand him into custody. We can set this for another

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    10

    1 hearing consistent with the Court's calendar and the

    2 evaluators at Lakes Crossing so that we can come back

    3 to Your Honor and determine, which is the only

    4 threshold question at this point, is he even competent

    5 to go forward.

    6 And, like I say, based on the actions in this case,

    7 the correspondence sent to me, either cc'd or directly

    8 from Mr. Coughlin, it's clear to the State that he's

    9 just being an obstructionist through this entire

    10 process, and so remand is appropriate to the State.

    11 THE COURT: Well, Mr. Coughlin, we are at this

    12 stage where you need to have this evaluation. And I

    13 need to know, are you going to cooperate and go over to

    14 Lakes Crossing and get the evaluation?

    15 THE DEFENDANT: Your Honor, if I may address that

    16 for a moment.

    17 THE COURT: Please do.

    18 THE DEFENDANT: Okay. Your Honor, there's been

    19 some problems in terms of working with Mr. Dogan here.

    20 I haven't been copied on filings to the Court. It's

    21 always been my understanding, either by Mr. Dogan or by

    22 the D.A., it's always been my understanding as an

    23 attorney that that's just a matter of course, you copy

    24 your clients on anything you file and anything you

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    11

    1 receive.

    2 Mr. Bosler, after I had complained of Mr. Dogan's

    3 failure to so copy me in that regard, particularly with

    4 respect to, say, this order for competency eval--

    5 MR. DOGAN: For the record, that was provided to

    6 Mr. Coughlin.

    7 THE DEFENDANT: He might have e-mailed that to me,

    8 but certainly documents such as the D.A.'s opposition

    9 to my motion to appear as co-counsel and have

    10 Mr. Dogan, I believe, withdraw as counsel, that was

    11 never forwarded on to me despite my--

    12 MR. DOGAN: For the record, that was also provided

    13 to Mr. Coughlin.

    14 THE DEFENDANT: Excuse me, sir. I would like to

    15 have my opportunity now.

    16 THE COURT: Go ahead.

    17 THE DEFENDANT: I have provided Mr. Dogan express

    18 written indication that I wish to be copied on every

    19 single filing in this matter. In addition, matters

    20 which perhaps are going to be subject to a work product

    21 exception which the Public Defender would not have to

    22 provide me, such as e-mails between Mr. Dogan and

    23 Mr. Young, but I have expressly indicated in writing on

    24 numerous times that I wished to be copied on that.

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    12

    1 To get back-- I know this is getting somewhat far

    2 afield, Your Honor, from what you prompted me to

    3 address, but this competency evaluation, I would object

    4 to this competency evaluation on a number of grounds.

    5 One would be res judicata. There was already a

    6 competency evaluation done. I passed with flying

    7 colors.

    8 Judge Sferrazza thought so much it that he

    9 essentially folded it up into a paper airplane and went

    10 like that (indicating) and sent it right back to

    11 Mr. Goodnight, and the bill along with it. Whereupon

    12 Mr. Goodnight promptly-- He's a Public Defender who

    13 attended to the first competency evaluation.

    14 Mr. Goodnight promptly asked to be allowed to withdraw.

    15 And Judge Sferrazza sagely pointed out to

    16 Mr. Goodnight the inequity and disingenuous of his so

    17 standing behind a request for a competency evaluation

    18 only to immediately thereafter seek to withdraw,

    19 essentially saying: Which is it, Mr. Goodnight? Does

    20 your client need a competency eval or is he so-- he

    21 doesn't need you?

    22 Your Honor, there's some legal points I would like

    23 to put in the record here. NRS 178, I believe it's dot

    24 455, but I could be wrong, but I did copy Mr. Dogan and

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    13

    1 Mr. Young on this recently in writing, says that

    2 motions have to be in writing. There was no written

    3 motion in this regard. I've reviewed the file in the

    4 Reno Justice Court. And this is the case with both of

    5 the competency evaluations that have been ordered here.

    6 And both of them, I believe, demonstrate a retaliatory

    7 intent on the part of the Public Defender.

    8 And Mr. Hunt who was testifying here earlier, well,

    9 he went into matters to which I can't-- I can't say--

    10 I know Mr. Dogan. We went to high school together.

    11 We're both Reno High, I believe, class of '95-ish, from

    12 Swope to Reno High. And I've never known him to be a

    13 Jihadist or anything or that sort. You know--

    14 MR. DOGAN: A Jihadist for the Public Defender,

    15 though.

    16 THE DEFENDANT: He's always been a bright guy with,

    17 you know, a good sense of humor. So I can't concur

    18 with Mr. Hunt's statements in that regard.

    19 Now, respectfully, I can submit I've been shushed.

    20 I've been told, you know, things similar to what was

    21 being said.

    22 I understand that the Public Defender is in a very

    23 funny situation. It's a very-- It's got to be very

    24 difficult. And I'll just say respectfully, Your Honor,

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    1 I was a domestic violence attorney for a legal aid

    2 organization which I believe you're aware of attendant

    3 to another case in your court, but I thought that stuff

    4 was heavy to deal with on an emotional level. But

    5 sitting here this morning, witnessing what the bench

    6 and the Public Defender and the District Attorney have

    7 to deal with, that they have to do in the course of

    8 their business every day, it's-- I don't want to say

    9 impressive, but it makes me have even more respect for

    10 the court and the Public Defender and the District

    11 Attorney, because these are heavy matters. These are

    12 very human issues that you deal with here.

    13 And I say that respectfully. Now I'm going to get

    14 to what I wanted to say, which is somewhat critical.

    15 And I just prefaced it with that respect, to point out

    16 that I do even more so now comprehend the enormity of

    17 the-- the heaviness and the emotional burden that you

    18 and those at the bar here face every day.

    19 But I have been shushed a lot. I've had Mr. Dogan

    20 storm away from me. Granted, it's not easy to have an

    21 attorney as a client.

    22 THE COURT: Mr. Coughlin, you know, I have limited

    23 time today to devote to this matter, and really what

    24 you are facing is that I agree that you need this

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    15

    1 evaluation, I want to see it, and either you agree that

    2 you'll cooperate and go over to Lakes Crossing and get

    3 the two evaluations or I will revoke your bail, put you

    4 into custody and then as an in-custody you will be

    5 evaluated.

    6 THE DEFENDANT: Yes, Your Honor. And just quickly

    7 for the record, I'll dispense with the frilly language

    8 and extemporaneous, you know, speechmaking, but there

    9 was no motion here made pursuant to 178, I believe dot

    10 455. There needs to be in the records with the Justice

    11 Court articulating an express basis for seeking this.

    12 I believe there's a retaliatory basis.

    13 Just days prior to this being made, and I believe

    14 improper contact being made with the Municipal Court by

    15 somebody with the Public Defender's, just days prior to

    16 that, I filed a motion critical of Mr. Dogan missing a

    17 hearing. In that regard, I believe there also needs to

    18 be a hearing. There was no hearing in either of these

    19 matters.

    20 THE COURT: Mr. Coughlin, are you basically telling

    21 me that you're not intending to get the evaluation,

    22 that you're resisting--

    23 THE DEFENDANT: No, sir, that's not what I'm

    24 telling you. I'm saying--

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    1 THE COURT: Because if you're not going to do it on

    2 your own, I'll put you in custody and we'll take care

    3 of it that way.

    4 THE DEFENDANT: I understand, Your Honor. And

    5 that's not what I'm saying. What I'm saying is-- You

    6 referenced this process. I believe if we're going to

    7 call it a process, it needs to entail some process,

    8 some due process hopefully.

    9 And if I ask Mr. Dogan to conduct some Legal

    10 research on-- which I have done, Your Honor, and I

    11 would like to put forth some of these cases to you,

    12 directed to the parameters of such competency

    13 evaluation, directed to the privacy rights attendant to

    14 one forced to undergo such an evaluation. I've simply

    15 received no counsel or no advocacy in this regard from

    16 the Public Defender. I've had meetings missed. I've

    17 been told to shush. I've been told all sorts of things

    18 that just frankly I'm taken aback by.

    19 This evaluation, we have no idea of the scope of

    20 this other than I'm given some indication by the

    21 statute what it is directed to, my ability to

    22 understand the proceedings, to assist Mr. Dogan in the

    23 defense thereof. And there's one more element which

    24 I'm blanking on right now, but it's substantially

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    17

    1 similar to the first one.

    2 It's not a-- it's not a blank check to

    3 psychiatrists who have some sort of requirement

    4 contract with the Public Defender, and I stated some--

    5 or the court. I've stated some objections. I believe

    6 I should be able to have a private psychologist

    7 appropriately certified under NRS 178 to perform this.

    8 I've been told no. I've been told I won't be

    9 reimbursed in that regard.

    10 But it's not a blank check, I don't believe, to

    11 force me, someone who is seeking to take advantage of

    12 my tax dollars at work by having my Sixth Amendment

    13 right to counsel accorded to me. It's not a blank

    14 check to Lakes Crossing to demand anything they want to

    15 know about me, particularly when I'm involved in a

    16 field where mendacious and scurrilous individuals such

    17 as Richard G. Hill will co-op any sort of information

    18 or innuendo--

    19 MR. YOUNG: Your Honor, I'm going to object to this

    20 as completely irrelevant.

    21 THE DEFENDANT: --to further their ends.

    22 THE COURT: I have to agree.

    23 Mr. Coughlin, if you're telling me fundamentally

    24 that you don't plan to cooperate, I'll revoke your bail

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    18

    1 and put you into custody of the Washoe County Sheriff

    2 and then they can get you, you know, the evaluations as

    3 an in-custody person. That's what I would have to do.

    4 You know, you are a very articulate man and, you

    5 know, you're stating your positions on this, but your

    6 positions are against what I want done.

    7 THE DEFENDANT: I don't know what you want done,

    8 Your Honor.

    9 THE COURT: I just want you to get the two

    10 evaluations at Lakes Crossing. They're the people that

    11 normally do this for everybody, you know, and--

    12 THE DEFENDANT: And I presented--

    13 THE COURT: --that's the appropriate thing to have

    14 done at this time.

    15 THE DEFENDANT: And I presented twice in that

    16 regard, Your Honor, and it's my understanding they just

    17 flat out refuse to continue. In that regard, I believe

    18 I should-- One, I dispute the accuracy of their letter

    19 wholeheartedly. I find it inaccurate, I find it

    20 retaliatory in tone. But I did present-- And there's

    21 a case--

    22 THE COURT: Well, I've never seen a letter like

    23 this before. I mean, people just don't show up, that's

    24 true, but once they show up, they generally, you know,

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    19

    1 cooperate with the talking and taking whatever testing

    2 needs to be done and get the evaluation. It's not a

    3 very painful process.

    4 THE DEFENDANT: And I was told-- Maybe not for

    5 people who aren't very aware of constitutional rights.

    6 But for someone who is burdened with the fact that they

    7 went to law school, you know, it's difficult. And I

    8 would submit that there's a number of cases in juris

    9 prudence in this regard that speak to the extent--

    10 THE COURT: Mr. Coughlin, since you're not going to

    11 cooperate--

    12 THE DEFENDANT: No, I will cooperate. I just need

    13 to know, Your Honor--

    14 THE COURT: But you're telling me you're not

    15 cooperating.

    16 THE DEFENDANT: No, I will. I'm telling you I

    17 will. And I did, I showed up. They asked me a

    18 question--

    19 THE COURT: You have to show up and you have to

    20 meet with the two psychiatrists or psychologists, I

    21 guess, technically, whatever they are, and, you know,

    22 talk to them, be responsive and get the appropriate

    23 evaluation.

    24 THE DEFENDANT: If they ask me to take off my

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    20

    1 clothes and appear naked, do I need to do that?

    2 THE COURT: I think it's unlikely that that's going

    3 to happen to you. I'm not going to speculate as to,

    4 you know, totally absurd, you know, things that could

    5 happen during a psychological--

    6 THE DEFENDANT: If they ask me if I've ever had any

    7 mental health treatment, if they ask me to have a copy

    8 of any of my medical records, if they ask me any sort

    9 of personal information that would normally be

    10 protected--

    11 THE COURT: Then you're saying you won't cooperate?

    12 THE DEFENDANT: No, I didn't say that, sir. And I

    13 didn't say that to Lakes Crossing either. They stormed

    14 off. I said, "I'll have to check my records, let me--"

    15 something like, "Let me think about that."

    16 And they stormed off in anger. They said, "We're

    17 done and left."

    18 And it was appalling. And then to send the letter

    19 they sent you, Your Honor, is appalling. I didn't

    20 stand there and say: I'm refusing to tell you

    21 anything. I didn't do that. Dr. Davis appeared--

    22 THE COURT: Look, Mr. Coughlin, I just need to

    23 know, are you going to go there and cooperate and get

    24 this psychological evaluation or not? I mean, are you

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    21

    1 going to do it on your own out of custody?

    2 THE DEFENDANT: Yes, Your Honor, I will, but--

    3 THE COURT: Okay. Well, if you are going to do

    4 that and you commit to this court basically under

    5 penalty of being found in contempt for failing to do

    6 it, you know, I'll leave you out of custody and you can

    7 get this on your own. But if you're not going to go

    8 there and cooperate, I'm forced to revoke your bail and

    9 put you into custody and then as an in-custody prisoner

    10 you can get some psychological counseling, and, you

    11 know, evaluation.

    12 THE DEFENDANT: Your Honor, I would just put forth,

    13 I always intend to follow orders of the court. I would

    14 like an opportunity to brief this and oppose the order

    15 initially since I've been--

    16 THE COURT: Well, that is denied. We're at the

    17 point now where it's already determined that you're to

    18 get this evaluation.

    19 THE DEFENDANT: But I believe that an excusable

    20 neglect analysis would auger towards allowing me to

    21 replace Mr. Dogan based on his fraudulence basically or

    22 his excusable neglect or something, but I have not been

    23 accorded a due process right to oppose this evaluation.

    24 I would like that.

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    22

    1 Failing that, I would like an opportunity to brief

    2 the extent to which this evaluation is a blank check to

    3 Lakes Crossing. I would also like the opportunity to

    4 brief the extent to which I must utilize Lakes Crossing

    5 versus a private certified entity or a professional.

    6 THE COURT: Well, Mr. Coughlin, after hearing you

    7 argue and argue about this issue, I'm making the

    8 determination that you're not going to cooperate with

    9 this, and I am revoking your bail.

    10 THE DEFENDANT: Sir, I will cooperate. If that's

    11 what it comes down to, I--

    12 THE COURT: You're going to be placed into custody

    13 of the Washoe County Sheriff at this time. I revoke

    14 your bail.

    15 THE DEFENDANT: Your Honor, I just respectfully ask

    16 that you reconsider, and I'll do whatever you say for

    17 my--

    18 THE COURT: We're done with this. I'm sorry that

    19 you've forced me to take this action. I don't really

    20 want to put you in custody, but it's clear that you're

    21 really not going to cooperate. And you're raising

    22 issues about issues that seem kind of preposterous but

    23 that would give you some excuse not to cooperate. So

    24 you'll have to get the examination as an in-custody

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    23

    1 person.

    2 MR. DOGAN: Your Honor, can I make one suggestion?

    3 THE COURT: Yes.

    4 MR. DOGAN: As soon as those competency evaluations

    5 are completed, can we have Mr. Coughlin removed or no

    6 longer in custody at the Washoe County Jail?

    7 THE COURT: He's going to remain in custody until

    8 he can be brought back here for the hearing on

    9 competence.

    10 THE DEFENDANT: Your Honor, if I may just make one

    11 request. Given your ruling, Your Honor, I basically

    12 will do what you say to do, particularly--

    13 THE COURT: Well, I don't believe that you will.

    14 After all this, we've spent a lot of time on it, I just

    15 don't believe you anymore.

    16 THE DEFENDANT: Well, Your Honor, if I may move to

    17 stay based on the prejudice to my clients that--

    18 THE COURT: Denied.

    19 MR. YOUNG: Your Honor, do we want to set a new

    20 date?

    21 THE COURT: So let's set this out about in about a

    22 month.

    23 MR. DOGAN: Can we just--

    24 THE COURT: And if it's done earlier, fine, but

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    24

    1 let's track it for about a month is what it normally

    2 takes.

    3 MR. DOGAN: I understand, Your Honor. Can we just

    4 have a status hearing just in case both of the

    5 evaluations have been completed?

    6 THE COURT: If it's done, you all can get together

    7 and set it back on the calendar at that time.

    8 THE CLERK: Your Honor, the first available date

    9 would be May 24th at 8:30. Is that acceptable?

    10 MR. YOUNG: May 24?

    11 THE CLERK: Yes. Is that acceptable?

    12 MR. DOGAN: It is. Thank you.

    13 THE DEFENDANT: May I have those papers entered

    14 into the record?

    15 MR. YOUNG: Thanks, Your Honor.

    16 THE DEFENDANT: That legal research on the table.

    17 THE COURT: Denied.

    18 (The proceedings were continued to

    May 24, 2012 at 8:30 a.m.)

    19

    20 --o0o--

    21

    22

    23

    24

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    25

    1 STATE OF NEVADA )

    ) ss.

    2 COUNTY OF WASHOE )

    3

    4 I, LORI URMSTON, Certified Court Reporter, in and

    5 for the State of Nevada, do hereby certify:

    6 That the foregoing proceedings were taken by me

    7 at the time and place therein set forth; that the

    8 proceedings were recorded stenographically by me and

    9 thereafter transcribed via computer under my

    10 supervision; that the foregoing is a full, true and

    11 correct transcription of the proceedings to the best

    12 of my knowledge, skill and ability.

    13 I further certify that I am not a relative nor an

    14 employee of any attorney or any of the parties, nor am

    15 I financially or otherwise interested in this action.

    16 I declare under penalty of perjury under the laws

    17 of the State of Nevada that the foregoing statements

    18 are true and correct.

    19 DATED: At Reno, Nevada, this 19th day of

    20 May, 2012.

    21

    22 LORI URMSTON, CCR #51

    23 ___________________________

    24 LORI URMSTON, CCR #51

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    ****** IMPORTANT NOTICE - READ THIS INFORMATION *****PROOF OF SERVICE OF ELECTRONIC FILING

    A filing has been submitted to the court RE: CR12-0376

    Judge: STEVEN ELLIOTT

    Official File Stamp: 05-09-2012:17:17:16

    Clerk Accepted: 05-09-2012:17:18:18

    Court: Second Judicial District Court - State of Nevada

    Case Title:STATE VS ZACHARY BARKER COUGHLIN

    (D10)

    Document(s) Submitted: Order of Competency/Return JC

    Filed By: Heidi HowdenYou may review this filing by clicking on the

    following link to take you to your cases.

    This notice was automatically generated by the courts auto-notification system.

    If service is not required for this document (e.g., Minutes), please disregard the below language.

    The following people were served electronically:

    PATRICIA HALSTEAD, ESQ. for STATE OFNEVADA

    ROY STRALLA, ESQ. for STATE OF NEVADA

    BIRAY DOGAN, ESQ. for ZACHARY COUGHLIN

    CHRIS FORTIER, ESQ. for ZACHARY

    COUGHLIN

    DIV. OF PAROLE &PROBATION

    ZACH YOUNG, ESQ. for STATE OF NEVADA

    The following people have not been served electronically and must be served by traditional

    means (see Nevada electronic filing rules):

    https://wceflex.washoecourts.com/notify?pageAction=ViewCaseshttps://wceflex.washoecourts.com/notify?pageAction=ViewCases
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    F I L E DElectronically

    05-09-2012:05:17:16 PMJoey Orduna Hastings

    Clerk of the Court

    Transaction # 2943750

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    County Home => Reno Justice Court => Divisions => Justices of the Peace => Department 2

    Department No. 2

    Pete Sferrazza currently serves as a Judge in Reno Justice

    Court having been elected in November of 2!. Prior tobecoming a "udge# Pete served as the elected Reno $ayor

    from %&!% to %&&' serving an unprecedented %( years.

    Pete has also served in the Peace Corps in )ahia# )razil

    from %&*& to %&+%# as a $arathon County Supervisor and,ausau# ,isconsin City Councilmen from %&+( to %&+*# as

    Director of Nevada -ndian egal Services from %&+* to%&+!# Chairman# /ice0Chairman and ,ashoe County

    Commissioner from %&&! to 2+# a Deputy 1ttorney for-n"ured or3ers# and as in private practice.

    -n addition Pete served as 4ribal Judge for the $oapaPaiute# 5erington Paiute# 6ly Shoshone# -ntertribal Court of

    1ppeals# 7allon Paiute0Shoshone# Pyramid a3e Paiute#,al3er River Paiute# and the ,ashoe 4ribe.

    8e is a graduate of $ichigan State 9niversity here hereceived a )achelor of 1rts Degree in Political Science# the

    9niversity of ,isconsin a School here he received hisJ.D. Degree and the John 7. :ennedy School# at 8arvard

    9niversity.

    Pete currently serves on the 1merican Judges 1ssociation )oard of Directors and the

    Nevada State07ederal Judicial Council. 7ormerly he served on the )oard of Directors of theNational 1ssociation of Counties currently# )oard of Directors Nevada 1ssociation of

    Counties currently# /ice0Chairman Reno Spar3s Convention and /isitors 1uthority# 6;ecutive

    )oard 9.S. Conference of $ayors# ,ashoe County )oard of 8ealth# )oard of Directors for theNevada egal Services# )oard of 4rustees for the ,illiam 7. 8arrah 1utomobile $useum# City

    :ids of Reno# $ayor

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    Paul D. Elcano, Jr.Paul D. Elcano, Jr. is a Lawyer in Reno, Nevada

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    Experience & Credentials

    Admiss ion Detail s Admitted in 1978, Nevada (inactive)

    Law School Attended McGeorge School of LawJ.D.

    University Attended Stanford University

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