Mordecai Tendler v. Bloggers (Jewish Whistleblower, Jewish Survivors, New Hempstead News)

Public Citizen's response to Mordecai Tendler’s February 7, 2007 letter to the California Appellate Courts. This is regards to Mordechai Tendler paying legal fees.

Public Citizen Litigation Group
1600 20th Street, N.W.
Washington D.C. 20009-1001
(202) 588-1000
February 9, 2007

Clerk, Superior Court
101 North First Street
San Jose, California 95113

Clerk, California Court of Appeal
Suite 1060
333 West Santa Clara Street
San Jose, California 95113

Re: Tendler v. Doe
Santa Clara County No.1 06 cv 064307


Dear Clerks:

I respond to the letter from Mordecai Tendler that is dated February 7, 2007, but which he faxed to us on February 9. Tendler asks to be allowed to pursue this appeal without identifying all documents in the record (because he claims not to have all of them) and without payment of fees.

Although Tendler is currently proceeding without counsel, as he has every right to do, two separate lawyers began this case on his behalf – Patrick Guevara of Pleasanton, California, who appeared for Tendler in this court, and James Fleisher from Dayton, Ohio, who apparently brought Mr. Guevara into the case. Those attorneys would have all the records he needs to present a complete record on appeal, and there is no reason why Tendler cannot ask his former attorneys to provide him with such records so that he can be sure to have them included in the appellate records.

Tendler also asserts that he cannot afford to pay any fees on the appeal. He has not, however, submitted the sworn affidavit about his assets and his income that is required for in forma pauperis status. We question whether he can swear truthfully to that status. Tendler is from suburban Rockland County, New York, the nation’s ninth wealthiest county. See .... Although he was expelled by the Rabbinical Council and fired by his congregation over allegations of sexual misconduct, his wife Michelle apparently works as a realtor, he is the scion of a wealthy and important family, and our information from a lawyer in his community is that last week, Tendler hosted a wedding for his daughter (NAME REMOVED) that was catered for seven hundred sit-down guests. In the event, therefore, that Tendler submits an affidavit of poverty, we reserve the right to serve discovery and take his deposition to test the veracity of any oath that he swears on these points.

Sincerely yours,
Paul Alan Levy
cc: Mordecai Tendler