AG warns school board member on felony record

TAOS — Questa school board member Ellis Garcia, who is running in the Nov. 5 election to retain his seat, was issued a letter Wednesday from the New Mexico Attorney General’s Office advising him to resign within 14 days due to a felony conviction.

According to the letter, signed by Chief Deputy Attorney General Tania Maestas, “New Mexico state law is explicit in barring individuals convicted of a felony from being qualified to be elected or appointed to any public office.”

The letter continues, “An individual convicted of a felony is prohibited from holding public office in New Mexico unless they have been pardoned or restored to political rights, and refusing to resign from public office may subject such individual to civil and criminal sanctions.”

Garcia revealed the felony, a 1992 conviction for conspiracy to commit arson, at an Oct. 9 forum for school board candidates held in Questa. He noted he had broken no laws since then and had received an honorable discharge from the Army that same year.

However, Garcia did not provide a letter of pardon or certificate from the governor regarding his felony conviction and eligibility to serve. After learning of the conviction, members of the community filed complaints with both the District Attorney’s Office and Secretary of State’s Office.

Garcia was charged in Taos County in 1995 with criminal sexual penetration and criminal sexual contact with a child under 13. That case, however, was dismissed after prosecutors failed to notify Garcia of a target date for a grand jury hearing.

He was indicted again in 1998 on three counts of first-degree criminal sexual penetration of a child under 13. According to court records, those charges were dismissed in 2000 with prejudice — meaning they cannot be refiled — for violation of Garcia’s right to a speedy trial.

Garcia could not be reached for comment last week.

In a phone interview with The Taos News on Oct. 15, he said he planned to remain in the school board race.

“No, I’m not withdrawing,” he said. “I could die next week, or tomorrow. My kidneys are done. I’m going to live what life I have left to the fullest.”

Garcia was diagnosed with renal failure in June. He’s undergone dialysis three times a week since then and is on a waiting list for a kidney transplant.

One of the three candidates who had been running against Garcia, Vivian Vallejos-Apodaca, withdrew her candidacy Oct. 16 for family health reasons. Two candidates remain on the ballot for his Position 2 seat: Rebecca Griego and Cori Jenkins.

A version of this story first appeared in The Taos News ,a sister publication of the Santa Fe New Mexican.