Justia Constitutional Law Opinion Summaries

This case came before the Supreme Court on a petition invoking its emergency original jurisdiction to review the indefinite detention of thirty-two courtroom spectators (Petitioners) who had all been summarily ordered to jail for contempt of court by Respondent Judge Sam Sanchez after a contentious hearing evolved into a courtroom disruption created by some, but not all, of the Petitioners. The events that took place immediately after Respondent recessed the court were preserved in a digital audio recording. The noise level in the courtroom increased as the voices of the defendant and some of the spectators became louder.  Thirty-nine seconds after the bailiff first told the crowd to rise and while audible statements were still being made, Respondent yelled, "That's enough! I'll hold every one of you in contempt and jail you all!" Upon review of the trial record, the Court found that the record reflects that whoever had been acting in any disruptive or disobedient manner had ceased doing so immediately upon Respondent's oral pronouncement that he was sending everyone to jail. "Petitioners clearly were jailed for the past behavior of one or more of them and not as a coercive measure to stop any continuing disorderly or disobedient behavior. Respondent lawfully could have initiated indirect contempt proceedings against those individuals whom he had reason to believe were participating in disruptive or defiant conduct, but he was required to honor the procedures of the law and the limits of constitutional due process."  In this case, the Court concluded he "utterly" failed to do so. The Court held that Respondent's convictions and jail sentences of Petitioners were an unlawful abuse of judicial power requiring the Court's order that Petitioners be released from jail and that their criminal contempt convictions be vacated. 

Carol Sloan, a New Mexico Public Regulation Commission (PRC) Commissioner, was convicted and subsequently sentenced for aggravated battery and burglary. That same day, the Attorney General filed a petition for a writ of quo warranto asking the Supreme Court remove Ms. Sloan from office because of her felony convictions. Although Ms. Sloan did not dispute that she was convicted and sentenced for two felony offenses, she nonetheless maintained that those convictions did not disqualify her from continuing to hold public office until the expiration of the term for which she was elected. Ultimately the Court found that because Ms. Sloan was a convicted felon, forfeiture of her office was automatic.

Petitioners are organized labor representatives actively involved in representing public employees. They sought a writ of mandamus from the Supreme Court to prohibit the Governor from removing two members of the Public Employee Labor Relations Board. Those members had responsibility to adjudicate the merits of disputes that involved the Governor. The Governor appointed those members and now she sought to remove them. The Supreme Court granted the writ, holding that none of the PELRB members served at the pleasure of the Governor, though the Public Employee Bargaining Act obligates the Governor to appoint them. The Court found that constitutional due process required a "neutral tribunal with members who were free to deliberate without fear of removal by a frequent litigant" such as the Governor. The Governor was enjoined from removing the PELRB members.