[EL] "Judge sentences Sen. Rod Wright to 3 months in jail"

[Douglas Carver]

In the for what it's worth department, New Mexico faced this issue a couple
of years ago and concluded that the public official lost her office
automatically upon the conviction (New Mexico's constitutional provision
for qualification for office is a bit different than California's). The
case was State v. Sloan -- available here:
http://law.justia.com/cases/new-mexico/supreme-court/2011/011-nmsc-020.html

A side note: -- strangely, a couple of years after the Sloan decision, the
AG allowed a public official to plea to a felony charge, but the plea
agreement (signed off on by a District Judge) allowed him to stay in office
for an additional ten days or so.

Douglas Carver
Albuquerque, NM

:


“Judge sentences Sen. Rod Wright to 3 months in jail”
<http://electionlawblog.org/?p=65421>
Posted on September 13, 2014 2:58 pm <http://electionlawblog.org/?p=65421>
by Rick Hasen <http://electionlawblog.org/?author=3>

The *Sacramento Bee* reports.
<http://www.sacbee.com/2014/09/12/6701920/judge-sentences-rod-wright-to.html>One
interesting question (about which I opine in the article) is whether Wright
is automatically ousted by virtue of his felony conviction.  The relevant
case I found is Helena Rubenstein Internat. v. Younger
<http://law.justia.com/cases/california/calapp3d/71/406.html>, 71 Cal. App.
3d 406 (1977).

-- 
Dilexi iustitiam et odivi iniquitatem, propterea morior in exilio.

(I have loved justice and hated iniquity, therefore I die in exile.)

    -- the last words of Saint Pope Gregory VII (d. 1085)
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