In re Ramos Martínez
189 P.R. 287
| Supreme Court of Puerto Rico | 2013Background
- Ramos Martínez, admitted to practice in 1996 and to the notary office the same year, was found noncompliant with the PEJC requirements for 2007–2009.
- The PEJC informed Ramos Martínez of noncompliance on April 3, 2009, and she paid a late fee under Rule 30 without timely completing courses.
- She skipped an informal hearing on February 2, 2011, but later provided written explanations for noncompliance.
- The PEJC extended deadlines multiple times, ultimately granting a final 60-day extension and later a 30‑day extension, which Ramos Martínez requested again.
- On May 9, 2013, the court gave Ramos Martínez 20 days to show cause for indefinite suspension; she then sought voluntary resignation related to health concerns.
- The court suspended Ramos Martínez indefinitely from both the practice of law and notary duties, with notification and certification duties imposed and the sealing materials seized for investigation.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether noncompliance with PEJC rules justifies indefinite suspension | Ramos Martínez cites health issues and voluntary resignation as mitigating factors | Noncompliance with mandatory continuing education justifies disciplinary suspension | Indefinite suspension warranted |
| Whether evidence of health conditions could warrant less severe discipline or reinstatement conditions | Health issues may excuse or delay compliance | Lack of credible health evidence and repeated noncompliance negate relief | No relief; suspension upheld and reinstatement conditioned on compliance within a year |
| Whether readmission after indefinite suspension should be conditioned on remedying deficiencies | Readmission possible after addressing deficiencies | Readmission contingent on timely compliance within one year and proper reporting | Readmission conditioned on curing noncompliance within one year |
| Whether the sanction should include seizure of notarial seal and related duties | Not addressed in the brief; seek alternative measures | Protects clients and integrity of notarial practice | Seizure of seal and related duties ordered |
| Whether proper procedures were followed in notifying and handling disciplinary process | Process followed; adequate notice given | Procedure complied with PEJC rules and jurisprudence | Procedural requirements satisfied; sanction upheld |
Key Cases Cited
- In re Rivera Trani, 188 DPR 454 (2013) (educational requirements and ethics discipline framework cited)
- In re Villamil Higuera, 188 DPR 507 (2013) (disciplining attorneys for PEJC noncompliance)
- In re Guzmán Rodríguez, 187 DPR 826 (2013) (discipline for failure to meet education credit requirements)
- In re Piñeiro Vega, 188 DPR 77 (2013) (readmission conditioned on curing deficiencies within one year)
- In re Grau Collazo, 185 DPR 938 (2012) (rules and reference to PEJC regulations)