Haddad v. Gonzalez, 576 N.E.2d 658 (1991)

Citation: Haddad v. Gonzalez, 576 N.E.2d 658 (1991)
Parent Document: Haddad v. Gonzalez, 576 N.E.2d 658 (1991)
Jurisdiction: Massachusetts (state)
Effective Date: 1991-08-12
Original Source: https://www.courtlistener.com/opinion/2013415/haddad-v-gonzalez/ ↗

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When faced with “a question of his capacity to rule fairly, the judge [must] consult first his own emotions and conscience.” Lena v. Commonwealth, 369 Mass. 571, 575 (1976). In considering Haddad’s motion for recusal, the judge appears to have done so.8 Even though he concluded that he did not lack the capacity to act fairly and impartially, the judge was then required to attempt an objective appraisal of whether this was a proceeding in which “his impartiality might reasonably be questioned.” Id., quoting S.J.C. Rule 3:09, Canon 3 (C) (1), supra. Circumstances where a judge’s impartiality might reasonably be questioned include instances where the judge “has a personal bias or prejudice concerning a party. . . .” S.J.C. Rule 3:09, Canon 3 (C) (1) (a), supra.

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