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Thursday, June 24, 2010
High Court Boots Sloan From PRC
By Dan Boyd
Journal Capitol Bureau
SANTA FE — The state Supreme Court voted unanimously Wednesday to immediately remove Public Regulation Commissioner Carol Sloan from her $90,000-a-year job after two felony convictions.
Attorney General Gary King asked the court to boot Sloan from the five-member, elected commission after her convictions in April for attacking a woman she believed was having an affair with her husband. Sloan was found guilty of aggravated battery and aggravated burglary.
Sloan's term on the commission, which regulates utilities, the insurance industry and transportation, was due to expire at the end of the year. The Democrat had not sought re-election to the commission, where she represented District 4, encompassing central and northwestern counties, including part of Bernalillo County.
Gov. Bill Richardson will name a replacement to serve out the remainder of her term, but spokesman Gilbert Gallegos couldn't say when a decision will be made.
Democratic Party leadership, as well as Lt. Gov. Diane Denish, the party's nominee to succeed Richardson, had urged Sloan to resign. However, the former McKinley County clerk had continued to attend PRC meetings and collect her salary.
Sloan was attending a family medical ceremony on the Navajo Nation on Wednesday and was not present for the Supreme Court hearing.
The court's decision to remove Sloan after felony convictions was believed to be a legal first in New Mexico.
Her attorney, Joel Davis of Albuquerque, said the ruling could set a dangerous precedent.
"We believe it's a constructive impeachment," Davis said. "This could give the attorney general some (unprecedented) power."
Although state laws clearly prohibit a convicted felon from seeking elected office, the question of what happens when a sitting official is convicted of a felony and refuses to step down was a novel one for the state.
Assistant Attorney General David Tourek told Supreme Court justices that Sloan's ongoing presence on the PRC could cast doubt on the validity of the commission's actions.
He also said state law can be reasonably interpreted to mean convicted felons shouldn't be holding public office.
"She is an unlawful member of that commission," Tourek said.
Davis, however, said decisions to remove elected officials from their posts should be made solely by the Legislature and pointed out that Sloan is in the process of appealing her conviction.
The Legislature isn't scheduled to go into session until January. Sloan's four-year term expires Dec. 31.
In announcing the Supreme Court's ruling, Chief Justice Charles Daniels said the Supreme Court believes the Legislature's impeachment powers and its own authority to determine whether an individual is unlawfully holding office are "overlapping powers."
Daniels said the court would write a formal opinion on the case at a later date but would immediately issue the order removing Sloan from her elected office.
Sloan's felony convictions stem from an incident last summer in which she was accused of attacking a former family friend with a rock in her Gallup apartment after discovering that the other woman had made late-night phone calls to Sloan's husband.
She said during the trial that she believed the woman and her husband were having an affair.
Sloan faced up to 12 years in prison after being convicted, but her sentence was suspended in May by state District Judge Louis DePauli.
After being convicted, Sloan didn't seek re-election this spring. Theresa Becenti-Aguilar won the Democratic nomination for the District 4 PRC seat and will face off against Republican Gary Montoya in November's general election.
After Wednesday's hearing, Sloan's attorney Davis said the Supreme Court's ruling shouldn't define Sloan's political legacy.
"This is but a speed bump in a very, very successful career she's had," Davis said.
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