13 Am. Tribal Law 481
Navajo Nation Supreme Court2016Background
- Carolyn C. Jose filed as a candidate for the Ramah Navajo School Board in 2016 and swore she met qualifications, answering “N/A” for disqualifying misdemeanors.
- Appellants Nancy Martine-Alonzo and Martha Garcia filed a pre-election challenge alleging Jose was disqualified by a 1993 New Mexico DWI guilty plea.
- After Jose pled guilty in 1993, the New Mexico magistrate deferred sentence under a first-offender program; Jose completed the program and the court dismissed the charge.
- The Navajo Nation Office of Hearings and Appeals (OHA) dismissed the challenge, concluding the dismissed deferred sentence did not constitute a conviction under the Election Code disqualification provision (11 N.N.C. § 8(D)(4)(h)(4)).
- Appellants appealed, arguing the original conviction remained on Jose’s record and should have been disclosed on her candidacy application.
- The Navajo Supreme Court reviewed de novo whether a dismissed deferred-sentencing DWI in New Mexico is a “conviction” that disqualifies a school-board candidate and affirmed OHA.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Jose’s 1993 DWI (deferred sentence later dismissed) is a “conviction” under the Election Code | The 1993 guilty plea is a permanent conviction on Jose’s record and disqualifies her | New Mexico law treats a completed deferred sentence dismissal as not a conviction for most purposes | The court held it is not a conviction for Election Code purposes; dismissal after deferral removes the conviction except for counting as prior if a later DWI occurs |
| Whether Jose’s nondisclosure on her candidate application (answering “N/A”) invalidates her candidacy | Failure to disclose the 1993 conviction (not vacated or expunged) should disqualify her | Because New Mexico law excludes a completed deferred sentence from the definition of conviction, there was nothing material to disclose | The court held nondisclosure was not disqualifying because there was no conviction to disclose under controlling New Mexico law |
Key Cases Cited
- United States v. Reese, 326 P.3d 454 (N.M. 2014) (New Mexico Supreme Court: dismissal after deferred sentence restores civil rights, including right to hold office)