1 24 13 0204 063341 2024 Email To DAS Officer Brown Washoecounty Update With Longer Letter Kirkham Etc

2/11/13 Outlook Print Message
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Update
From: Zach Coughlin (zachcoughlin@hotmail.com)
Sent: Thu 1/24/13 2:41 PM
To: cbrown@washoecounty.us (cbrown@washoecounty.us)
Dear Officer Brown,
I appreciate your recent note. Thank you. It meant a lot. I came in yesterday well more
than 5 minutes prior to 3 pm, but was detained too long at the security station for Bailiff
Medina to escort me to the DAS Office (then Chief Judge Sferrazza's Administrative Order
12-01 of December 20th, 2012 requires as much). I saw Judge Linda Gardner's bailiff,
Deputy Kirkham milling about with four or five other deputies near the courthouse exit
performing a pbc test on a man, and requested permission to wait my turn and take one as
well. I memorialized this in a note that I gave to Bailiff Medina for which he agreed to
provide to DAS. Deputy Kirkham made some sneering commentary about alcoholism and
dependency issues in general (I cannot recall specifically whether or not she then "high-
fived" one of her fellow deputies) as they relate to me, and perhaps the Irish race and my
ancestry in general, then refused to allow me to take a pbc test and document it on the note
I left with Bailiff Medina for DAS. Deputy Kirkham decided against assisting in a pbc test.
Deputy Kirkham, the SBN arranged, was present for my 11/14/12 formal disciplinary
hearing at the State Bar of Nevada, despite the involvement of 2JDC Family Court Judge
Linda Gardner (the SBN has been purposefully vague and obstructionist as to whether
ng12-0435 is a grievance with a grievant of Linda Gardner given some of the ethical
problems associated with Judges writing letters whether of recommendation or
condemnation (or Orders After Trial) and submitting them voluntarily (or having their
brother RMC Judge William Gardner do so by way of taking the 4/13/09 Order After Trial
by his sister and passing it to RMC Judge Nash Holmes, then having her include that in the
3/14/09 grievance she herself filed on behalf of RMC Judge William Gardner and all other
RMC Judges....especially where RMC Judge W. Gardner refused to recuse himself from
the criminal trespass prosecution of Coughlin from his former home law office incident to
the summary eviction from it presided over by RJC Judge Sferrazza (where a $2,275 rent
escrow deposit was ordered by the RJC in violation of Nevada law and still not returned to
Coughlin by the time of the trespassing arrest or during any period in which Coughlin was
expected to hire movers and rent a uhaul and arrange for an alternate location to place such
personalty). Further RMC Judge Garder failed to disclose that his sister is 2JDC Family
Court Judge Linda Gardner during the audio record of the 2/2/12 hearing in 11 CR 26405
wherein Coughlin prompted Judge Gardner to disclose any such matters that would tend to
create an appearance of impropriety or a basis for a conflict or bias, whether or not such
did, in fact exist, and whether the judge himself thought such did in fact exist.
As to the permissibility of such voluntary extra-judicial contacts with adjudicatory panels
(including that by RJC Judicial Secretary Lori Townsend on 4/11/12 to the SBN wherein
she volunteered filings by Coughlin in 063341 and 065630 and the dockets in those
respective cases):
"
In re Frank, 753 So. 2d 1228 (Fla. 2000) (retired appellate judge publicly
reprimanded for actions while on bench, including making false or misleading
statements under oath concerning his involvement in divorce litigation of his
daughter; not recusing himself from appeals based on his friendship with
attorney in those appeals; improperly interfering with Bar grievance
proceeding of that attorney; threatening to have son-in-law arrested or
committed to psychiatric facility during divorce proceedings involving his
other daughter).
In re Inquiry Concerning Ward, 654 So.2d 549 (Fla. 1995) (judge received
public reprimand for writing character reference letter for criminal defendant
recommending probation; letter was not response to official request by
defendant's probation officer).
In re Fogan, 646 So.2d 191 (Fla. 1994) (judge sanctioned for writing character
reference letter on official court stationery for personal friend facing
sentencing in federal court; friend's federal probation officer had not
requested letter).

http://www.flcourts.org/gen_public/courted/bin/judicialethicsbenchguide.pdf
6. What Contact with Investigative or Adjudicatory Bodies Is Permitted?
The case law and committee opinions advise that a judge may not initiate
contact with an investigatory or adjudicatory body determining rights, duties,
privileges, or immunities of a person requesting that the judge contact the
body on his or her behalf. Opinion 75-6 (improper to write character letter for
attorney who is principal in disbarment proceeding); Opinion 75-
18 (improper to write letter to bar grievance committee or supreme court
in disciplinary proceeding or to federal judge in criminal sentencing
without official request); Opinion 82-15 (improper to write letter voluntarily
to Board of Bar Examiners); Opinion 89-15 (impermissible to appear before
judicial nominating commission to introduce candidate or express opinion
about who is best qualified to serve as judge...See Judge Sferrazza's letter in
2007 on this and Judge Linda Gardner's submitting numerous letters of
recommendation from local judges:
http://www.washoecounty.us/large_files/agendas/071007/35.pdf page 101-
104);
4. May Judge Write Letters of Recommendation or Serve as Character
Witness?
Canon 2B governs letters of recommendation and states in pertinent part: A
judge shall not lend the prestige of judicial office to advance the private
interests of the judge or others; nor shall a judge convey or permit others to
convey the impression that they are in a special position to influence the
judge. Generally, Florida Supreme Court opinions allow, and Committee
opinions advise, that it is ethically acceptable for judges to write letters of
recommendation to educational institutions on behalf of persons about whom
they have actual knowledge based on personal observation. See In re Code of
Judicial Conduct, 643 So.2d 1037 (Fla. 1994) (citing Committee opinions 75-
18, 75-22, 77-17, 79-3, 88-19, 92-2, 92-30, and 93-1, all identified as proper
interpretations of the canon). Similarly, the opinions cited above indicate that
a judge may write a letter of recommendation for a person applying for
employment if the judge has actual knowledge and communicates factual
information regarding character, knowledge, skills, and ability relevant to the
job in question or relevant to professional competence generally.
5. What Contact with Investigative or Adjudicatory Bodies Is Permitted?
The case law and Committee opinions advise that a judge may not initiate
contact with an investigatory or adjudicatory body determining rights, duties,
privileges, or immunities of a person requesting that the judge contact the
body in his or her behalf. See In re Inquiry Concerning Ward, 654 So.2d 549
(Fla. 1995) (judge wrote letter of character reference on official court
stationery on behalf of friend awaiting sentencing in federal court, a violation
of Canon 2B, for which judge received public reprimand). See Opinion 75-6
(improper to write character letter for attorney who is principal in disbarment
proceeding); Opinion 75-18 (improper to write letter to bar grievance
committee or Supreme Court in disciplinary proceeding or to federal judge in
criminal sentencing without official request); Opinion 82-15 (improper to
write letter voluntarily to Board of Bar Examiners); Opinion 88-11 (improper
to communicate with Florida Bar members on behalf of Florida Bar
presidential candidate); Opinion 89-4 (improper to ask Board of Bar
Examiners to expedite application for law clerk); Opinion 89-15
(impermissible to appear before judicial nominating commission to introduce
candidate or express opinion about who is best qualified to serve as judge).
Recent case law, in two notable decisions, does, however, suggest that some
communications initiated by a judge with an investigative or adjudicatory
body may be permissible. In In re Frank, 753 So.2d 1228 (Fla. 2000), the
court was faced with a judge who contacted Bar grievance attorneys to
express frustration with their handling of a matter. Notably, the judge did not
ask for or demand special treatment based on his position. The court noted at
1240-41:
Knowledge that one is a judicial officer or respectful conduct in response to
such knowledge does not automatically translate into a determination that a
judicial position has been abused. Judge Frank did not forfeit the right to make
proper inquiry concerning the pending matters simply because he held judicial
office. A judicial officer should not be sanctioned simply because those with
whom he or she has interaction are aware of the official position. The use of a
judicial position or power of the position in an...
May 7, 2004 OPINION: JE04-004 http://judicial.state.nv.us/je040043new.htm
THE PROPRIETY OF VARIOUS EXTRA-JUDICIAL CONDUCT. Issue 1.
May a judge write a letter of recommendation on behalf of a candidate for
admission to law school? 2. May a judge write a letter of support on behalf of
a doctor in a medical licensing hearing? ... DATE ISSUED: May 7, 2004
OPINION: JE04-004 THE PROPRIETY OF VARIOUS EXTRA-JUDICIAL
CONDUCT. Issue 1. May a judge write a letter of recommendation on behalf
of a candidate for admission to law school? 2. May a judge write a letter of
support on behalf of a doctor in a medical licensing hearing? Finally, the judge
has asked the Committee whether judicial stationery may be used for the
letters of support approved above. This Committee has previously rendered an
opinion that the use of judicial stationery while not expressly prohibited, is
disfavored when used as a letter of congratulation to successful candidates for
election to judicial or non-judicial office. See JE03-002. Judicial ethics
committees around the country are divided on whether judges may use official
stationery to write letters of recommendation. See generally,
Recommendations by Judges, supra, p. 6. This Committee believes that as
long as the letters of recommendation are written upon personal knowledge
and otherwise comply with the cautions set out above to prevent the prestige
of judicial office being used for the private gain of others, that the use of
judicial stationery is allowable. References Canon 2B; Canon 4; Canon 4B;
Florida Advisory Opinion 75-6; Missouri Advisory Opinion 137 (1988);
Recommendations by Judges, Cynthia Gray, American Judicature Society,
1966 at p.10; Canon 5; Sections 5B(2) and 5C(1); Canon 5A(1); Canon 5A(1)
(b); Canon 4C(1); Canon 4G; Canon 4C(4)(a); Canon 4C(4)(a)(ii); and JE03-
002. ________________ This opinion is issued by the Standing Committee on
Judicial Ethics and Election Practices. It is advisory only. It is not binding
upon the courts, the State Bar of Nevada, the Nevada Commission on Judicial
Discipline, any person or tribunal charged with regulatory responsibilities, any
member of the Nevada judiciary, or any person or entity which requested the
opinion. ________________________________ Phillip W. Bartlett
Committee Chairman"
FindACase _ INQUIRY CONCERNING A JUDGE NO. 93-145 ROBERT J 0204 judges letters of recommendation.pdf
CJE Opinion No 0204 Massachusetts advisory opinion on Judges writing letters of recommendation for disbarment
proceedings 0204.pdf
1 23 13 0204 01168 WLS decision in 3 10 02 Tax appeal to State Board of Equalization email form Anita Moore.pdf
0204 in re ward regarding judges writing voluntarily character reference letters 0204 op-82248.pdf
in re fogan judge letter of recommendation 0204.pdf
5 7 04 judicial discipline commission opinion nv on judges writing letters.pdf
Nevada Commission on Judicial Discipline 0204 nv judges writing letters of recommendation.pdf
Nevada Commission on Judicial Discipline appearance of impropriety contacts 0204 eviction.pdf
fogan type case 0204.pdf
NO. 06-B-2222 in Re John Whitaker Judge writing reference letter on letterhead prestige to advance interest of another
disciplinary matter 0204.pdf
Download all
One thing that I am particular.y unhappy about is what I perceive to be the sexism displayed
by the RJC Bailiffs as it relates to their curious insistence upon only attempting to violate
courthouse sanctuary doctrine within the relatively cramped confines of the DAS check in
room. Perhaps they do so in some attempt to set up an argument that court house
sanctuary doctrine has not been violated where they attempt to effect service of the
spurious abuse of process found in the State Bar of Nevada and Washoe County Public
Defender's recent Applications for Orders of Protection and RJC Chief Judge Pearson's
subsequent granting thereof.
However, to me it seems more in line with the regrettably typical approach by so many
males whom cannot bring themselves to respect the jurisdiction of a woman such as
yourself who has ascended to a position of power and influence, and at such a young age to
boot. I feel that, at least as long as a DAS participant is in the check in room for DAS, that
the RJC Bailiffs should respect the sanctity of the process and not impinge upon the fine
and important work being done therein in their attempts to legitimize the spurious abuse of
process by DDAs Kandaras, D. Watts-Vial (more troubling is the relation the 2JDC Family
Court Judge Walker's Administrative Assistant Laura Watts-Vial given the 54844
Mandamus action's reception by the Family Court Judges in general, which, to say the
least, has not been as equinimitable, according to John Springgate, Esq., (whom back in
2009 suggested I focuse more on "repairing your relationship with the Family Court
Judges" as though they were a collective vindictive whole whom blanche biliously at any
advocacy counter to their preference) as I might have hoped it would be...), WCPD Jim
Leslie, Esq., and the SBN's Patrick O. King, Esq.
While my resources and time are scarce currently given the pendency of the Briefing
Schedule in the Appeal of the FOFCOL seeking to permanently disbar me...I will come in
today to submit for another pbc if you tell me to, or tomorrow if you do not get this
message today, and I have mental health evaluation scheduled and will get the results to
you post haste.
Sincerely,

Zachary Barker Coughlin 1471 E. 9th St. Reno, NV 89512 Tel and Fax: 949 667 7402 ZachCoughlin@hotmail.com

1 24 13 0204 063341 2024 Email To DAS Officer Brown Washoecounty Update With Longer Letter Kirkham Etc

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