New Mexico Supreme Court

United States of America, Plaintiff-Appellee v. James Oliver Reese, Defendant-Appellant

May 1, 20146 N.M. 36

Summary

The New Mexico Supreme Court held that completion of a deferred sentence and dismissal of the underlying felony charge automatically restores all civil rights, including the right to hold public office, without a gubernatorial pardon. The Court based its decision on statutory construction, legislative history, and longstanding Attorney General opinions. It answered the Tenth Circuit’s certified question affirmatively, concluding that Reese’s right to hold office was restored. The opinion also noted that the statutory scheme creates two distinct pathways for civil‑rights restoration.