Ramos 26866 rel.PDF (2004)
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BOARD OF PROFESSIONAL RESPONSIBILITY
of the
SUPREME COURT OF TENNESSEE
LANCE B. BRACY WILLIAM W. HUNT, III
CHIEF DISCIPLINARY COUNSEL 1101 KERMIT DRIVE, SUITE 730 CHARLES A. HIGH
NASHVILLE, TENNESSEE 37217 SANDY GARRETT
LAURA L. CHASTAIN TELEPHONE: (615) 361-7500 JESSE D. JOSEPH
DEPUTY CHIEF DISCIPLINARY COUNSEL
(800) 486-5714 JAMES A. VICK
FAX: (615) 367- 2480 THERESA M. COSTONIS
BEVERLY P. SHARPE
E-MAIL: ethics@tbpr.org DISCIPLINARY COUNSEL
CONSUMER COUNSEL DIRECTOR
RELEASE OF INFORMATION
RE: FERNANDO J. RAMOS, BPR # 11105
CONTACT: LAURA L. CHASTAIN
BOARD OF PROFESSIONAL RESPONSIBILITY
615-361-7500
May 12, 2004
NASHVILLE LAWYER PUBLICLY CENSURED
Nashville lawyer, Fernando J. Ramos, was censured by the Board of Professional Responsibility
on May 5, 2004 based on a finding by the Fifth Circuit Court for Davidson County, Tennessee, of
ineffective assistance of counsel and the setting aside of a murder conviction.
Specifically the Court found that Ramosâs advice to his client not to testify should have been
informed advice and could have only been informed if Ramos knew the clientâs own story of events and
how he would testify. At the post conviction hearing Ramos admitted he had no idea of what the
petitioner would say if he took the stand. He contended he thought he really should not press the
petitioner to tell him what happened. He was unaware of the petitionerâs version of events. It was the
judgment of the Court that the advice given by Ramos to his client not to testify also fell below an
objective standard of reasonableness.
The Court also found that Ramosâs calling two witnesses fell below an objective standard of
reasonableness. The Fifth Circuit Court for Davidson County, Tennessee, found that âthe petitionerâs
rights by the Constitution of Tennessee and the Constitution of the United States were abridged at trial as
set forth above, and the Court vacates the judgment of conviction and orders a new trial.â
Finally, the Court found âit is the judgment of the Court that there is reasonable probability that
but for Counselâs unprofessional errors the results of the proceeding would be different.â The Board of
Professional Responsibility has determined that Mr. Ramos should be censured for the following ethical
violations: DR 1-102(A)(1)(4)(5)(6); DR 6-101(A)(1)(2)(3); and DR 7-101(A)(1)(2)(3)(4) of the Code of
Professional Responsibility.
The censure was issued by the Board pursuant to Rule 9, Section 8 of the Rules of the Tennessee
Supreme Court. Ramos did not request a hearing in the matter.
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Ramos 26866 rel.doc