July 1, 2002 Harold A. Kuskin 77 Headquarters Plaza 1st. Floor, North Tower Morristown, New Jersey 07960-3964 Re: Gary Mosher v. Director, Division of Taxation docket No. 001180-2002 Judge Kuskin: Requesting the Court's indulgence, there are some issues regarding procedure that I have not yet acquired sufficient legal education to understand adequately, and I would like to request clarification. Issue # 1 concerns my still adamant belief that you are unfit to sit in judgment of this case. It is my belief that in your "oral decision of June 21, 2002" you display further evidence of disqualifying intemperance and bias. (As example: Describing what constitutes 10% of my income with this trivializing rhetoric: "Since the amount of tax sought was relatively small, I thought that might be a something that Mr. Mosher should consider." "I continue to believe that it was appropriate for Mr. Mosher to consider amnesty given the amount of the tax liability which was imposed upon him") This new evidence combined with the practically impossible (under the circumstances of my poverty, disability, and lack of legal education) requirement that I appeal your decision of June 21 within 15 days leaves me with no certain knowledge regarding how I can or should proceed. It is my primary concern that I do not lose any legal rights by incompetence alone. Put in the form of as direct a question as I can compose under these complex circumstances-- is it possible for me to make a kind of "standing permanent objection" to your denial of my recusal motion that would make that motion-- expanded with additional evidence and argument-- a part of the record and a relevant element for appeal consideration in the case as a whole? Issue # 2 concerns the de facto "affordability test" that the judicial system is, in effect, applying regarding fair practical access to rights within the broad right to redress. In an effort to mitigate some of this unfairness ($300 transcript fees) I would like to request a determination of "indigent status". Please provide me with a list of the documentation or evidence you need to determine and establish that status. Issue # 3 concerns my ability to solicit (request) on the record testimony (discovery) from the Division of Taxation and relevant personnel. I am assuming that I do have a right to submit written questions to the Division of Taxation, and that I am not obligated to actually depose particular individuals to acquire authoritative "on the record" testimony and evidence. If this is a wrong assumption please advise. Otherwise, I need to better understand at what time in this process it would be appropriate for me to submit my questions and make them part of the record. An extenuating circumstance is the fact that I have yet (as of July1, 2002) to receive from the Division of Taxation an "answer" to my initial complaint that is in a form I can reliably construe meaning from. Put simply, before I can request relevant documentary evidence or testimony (discovery) what facts remain in contention needs to be fully understood. Regards, Gary Mosher