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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Haddad also points to what he asserts is harsh language in the Gonzalez decision, see supra note 7, second paragraph, as evidence of personal bias. The decision is based in part, in addition to testimony from the trial, on the judge’s findings from his view of the premises. The view was taken during Gonzalez’ tenancy and included her apartment and the common areas of the building. Any negative impressions of Had-dad or the building that the judge may have developed as a result of this view were formed in connection with the case. In order for “bias and prejudice to be disqualifying,” however, “[it] must rise from an extrajudicial source and not from something learned from participation in the case.” *864Martha, supra, at 329 (emphasis in original). “No doubt the judge in the course of the proceedings below formed a negative impression of [Haddad], . . . based on his appraisal of [Haddad and the building]. But that is not a ground for . . . a disqualifying bias.” Perez v. Boston Housing Auth., 379 Mass. 703, 740 (1980).

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