Court boots PRC Commissioner Sloan

SANTA FE, N.M. (KRQE) - New Mexico Supreme Court justices conferred for less than 10 minutes before ruling Public Regulation Commissioner Carol Sloan should be stripped of her elective office after being convicted of felony battery.

The five justices heard oral arguments Wednesday afternoon about whether or not a convicted felon working for the PRC can continue to hold the position.

Sloan was convicted of felony battery in April for using a rock to beat a woman. Sloan believed the woman was having an affair with her husband. The woman she attacked, Brenda Yazzie, recovered from her injuries.

Sloan was sentenced to probation in May. She originally faced up to 12 years in prison.

Because she is a convicted felon, New Mexico Attorney General Gary King filed a petition with the state Supreme Court to have her removed from office right after the May sentencing.

Assistant Attorney General David Tourek argued that it is against state law to be a convicted felon and hold a public office. Tourek said if this is true, then people could challenge the PRC's rulings because of Sloan's position on the commission.

Sloan's defense attorney Joel Davis argued that the Legislature should make the decision to remove Sloan from office. He said they have filed an appeal of Sloan's conviction.

"She should have been able to face the legislature, she was elected to a state-wide office," Davis said. "We understand the ruling of the court, this is a very serious issue and we believe we had a very good argument."

Gov. Bill Richardson will appoint a replacement for Sloan. His spokesperson said Richardson will carefuly consider his options for filling the vacant seat.

Sloan was not present on Wednesday because her husband is ill and she is on the Navajo reservation taking care of him with family.

Sloan made $90,000 per year in her position with the PRC.