In re Luisa Ramos

86 P.R. 119
CourtSupreme Court of Puerto Rico
DecidedOctober 1, 1962
DocketNo. 10
StatusPublished

This text of 86 P.R. 119 (In re Luisa Ramos) is published on Counsel Stack Legal Research, covering Supreme Court of Puerto Rico primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In re Luisa Ramos, 86 P.R. 119 (prsupreme 1962).

Opinion

Mr. Justice Blanco Lugo

delivered the opinion of the Court.

In compliance with an order issued on January 9, 1961 by the Chief Justice of this Court, the Secretary of Justice preferred 1447 charges against District Judge Maria Luisa Ramos charging her with “improper, immoral, reprehensible and negligent conduct”1 in the exercise of her judicial duties. All the charges preferred, except No. 1447, refer to actions on the part of respondent in interpreting, authorizing, and certifying, as District Judge, a number of petitions for registration of the Christian Action Party for the general elections of I960.2

On September 6, 1961, in the exercise of our discretion, we suspended respondent from office and salary during the pendency of the proceeding.3

[121]*121On September 26, 1961 we appointed Joaquin Correa Suárez, Superior Judge, as Special Master to hear and receive the evidence presented by the parties and render the corresponding report. After several preliminary incidents which we need not relate here, the hearings were held during a period between March 5 and May 23, 1962. The plaintiff presented oral and documentary evidence; respondent only presented documentary evidence. There were 695 charges submitted on stipulation; evidence was heard on 618; plaintiff withdrew 17 and no evidence was presented as to 117. Thus the Master entertained 1313 charges in relation to which he rendered, last June 13, a lengthy, elaborate and conscientious report containing 58 findings of fact.4

We granted to the parties a simultaneous term to present, their objections, if any, to the above-mentioned report. The Secretary of Justice filed a writing stating that he had no objections; and, in view of the fact that respondent did not set forth any objections nor move for an extension, we fixed a common term of 30 days for the filing of briefs. Plaintiff presented his on July 30; respondent did not present it nor move for an extension therefor. At the commencement of our regular term on September 4, the matter was submitted to our consideration.

Broadly speaking the charges preferred against respondent may be classified as follows:

(A) Charges in which the presumptive petitioner or petitioners on the application for registration of the Christian Action Party which was attested by respondent:

[122]*1221 — had died prior to the date they appear signing the petition;5

2 — appear signing and impressing their fingerprints on the petition, and both things are denied;6

3 — appear signing the petition, which is denied, without impressing their fingerprints on said ballot;7

4 — appear signing the petition and impressing their fingerprints, which is denied;8

5 — are people who know how to read and write and yet appear marking the petition;9

6 — appear signing the petition and do not know how to read or sign and there are fingerprints impressed on the same;10

7 — appear signing the petition and do not know how to sign and there are no fingerprints on the same ;11

8 — signed the petition but not before respondent;12

9 — signed and impressed their fingerprints but not before respondent;13

[123]*12310 — knew respondent but did not sign the petition before her;14

' 11 — marked the petition but not before respondent and the ballots have fingerprints;15

12 — marked the petition but not before respondent and the ballot does not contain any fingerprints;16

13 — appear signing the petition and deny it, and the number corresponding to the affidavit in the oath certificate was not stated;17

14 — were not identified before respondent by the subscribing witness whose name is set forth in the petitions.18

(B) Charges in which respondent:

15 — did not sign two petitions for registration in spite of having stamped the court’s seal and having registered the same under the corresponding number in her book of affidavits;19

16 — did not state the corresponding number of the affidavit in the oath certificate, and furthermore, the applicant did not sign before respondent;20

17 — in spite of having numbered the affidavits in 18 petitions for registration, did not sign the corresponding entry in the Registry of Affidavits ;21

18 — certified on September 15, 1960, that a number of petitions which do not appear signed by respondent, were signed in her presence.22

[124]*124(C)

19 — Count in which respondent is charged with political activities during the inscription process of the Christian Action Party.23

(D)

20 — Count in which respondent is charged with having refused to testify in an administrative investigation carried out by the Office of Courts Administration.24

In her answer on September 25, 1961 respondent expressly admitted the facts of charges Nos. 18, 15, 16, and 20.

1 — The Master found proved 1311 charges which comprise the different modalities identified under Nos. 1 to 18. The facts charged and proved constitute departures, in most cases substantial, from the procedure established by § 37 of the Election Law as it prevailed at the time the respective petitions for nominations of candidates were filed. The fourth paragraph of said section, 16 L.P.R.A. § 112, reads as follows:25

“Each and every person who signs a petition for the nomination of a candidate for an office shall state that he is a duly registered voter of Puerto Rico and that he is qualified to vote for the candidate or candidates named in the said petition, and the name, age, color, precinct and barrio under and in which his registration as a voter appears, and each such petitioner shall sign each such petition in his own handwriting. When the petitioner does not know how, or is unable, to sign, he shall impress the print of both thumbs, if possible, beside the signature of such witness as may sign for said petitioner. Each of said petitions shall be duly sworn to before some judicial officer of Puerto Rico authorized to administer oaths; and each officer before whom a petition nominating a candidate for office is subscribed and sworn to, as authorized by this section, shall state in his certificate of that fact, that the oath and signature or thumbprint to which said certificate refers, were made in his [125]*125presence and under his observation; and there shall be a separate certificate of each oath and signature. The failure of an officer before whom a petition for nomination is signed and sworn to, to make the certificate required by this section, shall render such certificate and petition null and void.

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Related

Konigsberg v. State Bar of Cal.
366 U.S. 36 (Supreme Court, 1961)
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366 U.S. 82 (Supreme Court, 1961)
Cohen v. Hurley
366 U.S. 117 (Supreme Court, 1961)

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Bluebook (online)
86 P.R. 119, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-luisa-ramos-prsupreme-1962.