Hernandez

Miguel Hernandez (plaintiff) appeals from a judgment after jury trial of his medical malpractice action against Richard M. Paicius, M.D. (defendant). Plaintiff contends the court erred in denying motions in limine relating to evidence of his alienage and psychological condition. He further asserts the court improperly denied his motion to disqualify defense counsel and declare a mistrial based on counsel’s misconduct. As we discuss, post, the court’s denial of the motion regarding alienage and the motion for mistrial compel reversal.

First, we note the remarks of the trial court give the appearance the court held preconceived ideas based on stereotypes of undocumented aliens. The comments raise doubts about the fairness and impartiality of the proceeding and cast the judicial system itself in a bad light in the eyes of the litigants and the public at large.

One hundred years ago, our Supreme Court cautioned against judges making oral pronouncements wholly out of accord with recognized principles of fairness. It stated: “The trial of a case should not only be fair in fact, but it should also appear to be fair. And where the contrary appears, it shocks the judicial…