1 Case No.

11CR 22176
F I LED
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IN THE MUNICIPAL COURT OF THE CITY OF RENO
COUNTY OF WASHOE, STATE OF NEVADA
8 CITY OF RENO,
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Plaintif,
vs.
ZACHARY BARKER COUGHLIN,
Defendant.

ORDER
On November 30, 2011, Defendant Coughlin was found guilty of the
offense of Petit Larceny, a violation of RMC 8.10.040. Thereafter, Appellant filed his
Notice of Appeal on December 13, 2011. Additionally, Defendant Coughlin filed a
Motion to Vacate and/or Set Aside, Motion for Reconsideration, Motion for Recusal
and Motion for Publication of Transcript at Public Expense.
Appellant Coughlin
requested that he be provided the trial transcript at public expense on the basis that
he was indigent. On November 14, 2011, Defendant Coughlin filed a Motion to
Proceed In Forma Pauperis wherein he seeks a waiver of certain fees due to his
asserted indigence.
A. FAILURE TO PROPERLY SERVE CITY ATTORNEY
Written motions are to be served upon each of the parties. NRS
178.582. Service upon the attorney or upon a party must be made in the manner
provided in civil actions. NRS 178.584.
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Appellant has chosen to serve the City Attorney with these various
pleadings via electronic mail. There is no provision in the Nevada Revised Statutes or
the Rules of Court which denotes electronic mail as an appropriate means of serice
of process. This alone is a basis for non-consideration/denial of Appellant's various
requests.
B. MOTION FOR PUBLICATION OF TRANSCRIPT AT PUBLIC EXPENSE and
MOTION TO PROCEED IN FORMA PAUPERIS
Defendant Coughlin cites to NRS 12.015 as authority for allowing him to
issue "any, necessary writ, process, pleading or paper without charge, with the
exception of jury fees because I lack sufficient financial ability to proceed without this
waiver".
Appellant Coughlin's reference to NRS 12.015 is misplaced as that
provision refers to civil procedure. He cites no other authority for his request.
This case has gone to verdict and the defendant was found guilty. It is
difficult to see what additional costs will be incurred by Appellant Coughlin other than
the trial transcript. This is not a complex case with numerous factual or legal issues.
Mr. Coughlin is a licensed attorney-at-law who implied during trial that
his incarceration for contempt would adversely affect his clients. Yet, Mr. Coughlin, in
his "afidavit of poverty" does not indicate any income from his practice of law. Of
note, Mr. Coughlin posted cash bail during the litigation of the instant matter.
This Court has not been provided suficient information to determine Mr.
Coughlin's indigency status and will not grant him carte blanche authority to continue
the fishing expedition he conducted during the trial of this matter. Appellant's motion
to further pursue this matter at public expense is denied.
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C. MOTION TO VACATE AND/OR SET ASIDE, MOTION FOR
RECONSIDERA TION AND MOTION FOR RECUSAL
These motions will not be addressed as Defendant Coughlin has not
submitted a basis for their consideration.
IT IS HEREBY ORDERED that Defendant Coughlin's Motion to Proceed
In Forma Pauperis and Motion for Publication of Transcript at Public Expense is
DENIED.
IT IS FURTHER ORR DE RED that the Motion to Vacate and/or Set
Aside, Motion for Reconsideration and Motion for Recusal are presently DENIED.
G
DATED this /5 day of December, 201 .
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CERTIFICATE OF SERVICE
Pursuant to NRCP 5(b), I certif that I a an employee of the Reno MuniciII Court,
Reno, Nevada, and that on this date I served a true and correct copy of te foregoing document,
ORDER on the party(ies) set forth below:
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Placing said document in a sealed envelope placed for collecting and mailing in the
United States mail, at Reno, Nevada, postage prepaid, following ordinary business
practices.
Facsimile to :
Reno/Carson Messenger Service.
Federal Express or other overight delivery.
Inner-office mail following ordinary business practices.
Personal Delivery.
City Attorney's Ofce
Post Ofce Box 1900
Reno, Nevada 89509
Zachary Coughlin
817 N. Virginia Street, #2
Reno, Nevada 89501
DA TED this J day of Dec mber, 20 II.
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