On January 29 Chief U.S. District Judge Kenneth Gonzales for the District of New Mexico issued an “Order to Show Cause” to DWI defense attorney Thomas Clear III to show cause why he should not be held in contempt of court and disciplined for his alleged role in the racketeering scheme involving bribery and kickbacks to a group of law enforcement officers. The bribes were given in exchange for referring clients to Clear and helping Clear to get the criminal charges dismissed in court. The bribes were in the form of cash, gifts, trips or free legal advice. The officers alleged to be involved are with the Albuquerque Police Department (APD), the Bernalillo County Sheriff’s Department (BCSO) and the New Mexico State Police Department. Chief U.S. District Judge Kenneth Gonzales gave Clear 30 days to respond in writing, and two weeks if he is charged with a crime.
On February 3, the New Mexico Supreme Court issued an “Order to Show Cause” to prominent DWI criminal defense attorney Thomas Clear, III. The New Mexico Supreme Court’s Order to Show Cause is essentially identical in nature to the one filed just days before by Chief U.S. District Judge Kenneth Gonzales. Clear has practiced in both federal and state courts over the last two decades. Clear has not been criminally charged nor has he said anything publicly to address the allegations since the FBI executed search warrants a year ago at his law office. The New Mexico Supreme Court gave Clear until February 10 to show cause, in writing, why he “should not be subject to discipline, up to and including suspension” for his alleged conduct.
CLEAR RESPONDS TO FEDERAL COURT ORDER TO SHOW CAUSE
On Wednesday, February 5, 2025, Clear’s attorney Thomas M. Clark (Clark & Ruyle, LLC) filed a formal written response to the “Order to Show Cause” filed by Chief U.S. District Judge Kenneth Gonzales. According to the response filed, Clear notified the court that on January 24, 2025 he changed his status as a member of the New Mexico State Bar from active to in active. Read Clear’s written response to the Order To Show Cause by clicking here “active” to “inactive”‘ .
Clear’s response states he has not been formally charged with a crime and there no pending charges that he must disclose. Clear argues in order to respond to the court’s order, he would have to “abandon his rights and protection provided under the Fifth Amendment of the United States Constitution, which he cannot do.” Clear also advises the Court that he is “asserting the Fifth Amendment right against self-incrimination.”
Clear states in his response to the Order to Show Cause that he has not been actively engaged in the practice of law in New Mexico since “approximately” June 2024. He requests Judge Gonzales to accept his resignation as a member of the New Mexico State Bar based on his change of status and eligibility.
Links to relied upon or quoted news sources are here:
https://www.koat.com/article/thomas-clear-dwi-scandal-new-mexico/63694528
Clear had 30 days of entry of the federal court Order to Show cause to respond in writing. Failure to timely show cause would have resulted in suspension, disbarment or other discipline.
Clear now has until February 10 to respond to the New Mexico Supreme Court’s Order to Show Cause.
FEDERAL COURT ORDER TO SHOW CAUSE RECALLED
Chief U.S. District Judge Kenneth Gonzales in his “Order to Show Cause” cites the Ricardo “Rick” Mendez “Plea and Disposition Agreement” as well as news media coverage about the allegations in notifying Clear that the statements, if true, “indicate Mr. Clear may have violated a New Mexico Rule of Professional Conduct” that pertains to professional misconduct by a lawyer. Judge Gonzales wrote this in his order:
“Given the nature of Mr. Clear’s apparent conduct and the potential for undermining the public’s confidence in the Court, the Court orders Mr. Clear to show cause why suspension, disbarment or other discipline is not appropriate.”
Chief Judge Gonzales noted that federal case law recognizes that the Federal District Court in New Mexico has “inherent supervisory power” over the conduct of attorneys who practice in federal court, and noted that federal judges in New Mexico “have an obligation to enforce high standards of conduct… .”
Chief Judge Gonzales noted in his order that licensed attorneys subject to disciplinary proceedings are entitled to procedural due process. Judge Gonzales wrote:
“Mr. Clear may request that the undersigned appoint a panel of Judges to review his response to this order and to conduct a hearing to determine whether suspension, disbarment or other discipline is appropriate.”
Judge Gonzales stated if Clear does not make the request for a panel, he will review Clear’s response himself and make the determination as to what action should be taken against Clear. If Gonzales or the panel decides a hearing isn’t necessary, Clear is ordered to furnish “all the materials Mr. Clear wishes (Gonzales) or the Panel to consider.”
Judge Gonzales wrote in his the Order To Show Cause that Clear may have violated the New Mexico Rule of Professional Conduct 16-804, Misconduct, which states:
“It is professional misconduct for a lawyer to:
- Violate or attempt to violate the Rules of Professional Conduct, knowingly assist or induce another to do so or do so through the acts of another;
- Commit a criminal act that reflects adversely on the lawyer’s honesty, trustworthiness or fitness as a lawyer in other respects;
- Engage in conduct involving dishonesty, fraud, deceit or misrepresentation;
- Engage in conduct that is prejudicial to the administration of justice;
- State or imply an ability to influence improperly a government agency or official or to achieve results by means that violate the Rules of Professional Conduct or other law; or N.M.R.A. 16-804.”
MENDEZ CRIMINAL INFORMATION AND PLEA AGREEMENT
It was on January 24 that a federal criminal Information charging document was filed by the United States Attorney identifying and charging only one person, Ricardo “Rick” Mendez, 53, the private investigator for attorney Thomas Clear III. Mendez plead guilty to all the charges on the same day the criminal Information was filed. The 8 count Criminal Information charges one count of Racketeering under the federal Racketeer Influence and Corrupt Organizations Act (RICO), 5 counts of Bribery of an Agent, 1 Count of Interference With Commerce by Extortion Under Color of Official Action, Aiding and Abetting and 1 Count of Conspiracy To Commit Interference With Commerce By Extortion.
According to the criminal Information filed, Mendez and officers and deputies at APD, BCSO, and New Mexico State Police worked with at least two private defense attorneys in a “DWI Enterprise” to ensure drunk driving suspects would get their cases dismissed in exchange for money and other favors. No attorneys and no APD, BCSO nor State Police Officers were named in the charging document nor have they been charged separately to date. The FBI and US Attorney say the investigation is ongoing and charges will be filed against others when the investigation is completed.
In his Plea and Disposition Agreement, Ricardo “Rick” Mendez admits he helped orchestrate the scheme with law enforcement officers who would refer arrested drunken drivers to Mendez and defense Attorney Thomas Clear. Mendez admitted that he subsequently helped Clear get the cases dismissed in court. The suspects would pay higher than usual legal fees to Clear, and the officers received cash, gift cards, free legal services and other financial gain in exchange for not filing criminal charges or missing DWI hearings.
Mendez’s Sentencing is scheduled for April 29, 2025
COMMENTARY AND ANALYSIS
Defense Attorney Thomas Clear’s written response to the federal Order to Show Cause was totally expected. By voluntarily agreeing not to practice law and pleading his 5th Amendment Right Against Self Incrimination, Clear is essentially doing whatever he can to avoid total disbarment and from permanently being prohibited from ever practicing law again. Clear is relying on the fact that he has not been charged with any crimes, that he is entitled to due process of law and that he must be presumed innocent until proven guilty. He is also arguing that the federal court has no jurisdiction over him and that it cannot impose sanctions. In other words Clear is telling Chief Judge Gonzales he has not been charged, he has not been found guilty of any crime and that the court cannot impose discipline until he is charged and found guilty of a crime.
The problem for Clear is that federal judges do have supervisory authority over who can practice law before them in federal court and can challenge an attorney’s fitness to practice law. The question that remains is if Chief U.S. District Judge Kenneth Gonzales will be satisfied, accept Clear’s voluntary decision not to practice law or take further steps and impose sanctions.
Clear will still have to deal with the New Mexico Supreme Court’s Order to Show Cause which on many levels is the most serious problem. The New Mexico Supreme Court has licensing authority over all lawyers licensed to practice law in the State. The Supreme Court has the total authority to admonish, suspend from the practice of law for a period of time or permanently disbar an attorney from ever practicing law again.
“SUA SPONTE” ORDERS
What makes the “Order To Show” pleadings filed by both the New Mexico Supreme Court and Chief U.S. District Judge Kenneth Gonzales so remarkable is that they were done “sua sponte” orders, meaning on their own initiative without any prompting by any source or party to litigation. Both actions are truly remarkable and unheard of in their own right. The court’s actions reflect, as they should, just how serious the federal and state courts take attorney nefarious or criminal conduct that cannot be tolerated at any level.
Criminal Defense Attorney Thomas Clear, III, has not been formally charged with any crime nor has he been found guilty of any crime. A “Co-Conspirator 1” is identified in the federal criminal Information charging Clear’s investigator and para legal Ricardo “Rick” Mendez with racketeering, bribery and conspiracy in the kickback scheme.
Based on the admissions and guilty plea contained in the January 24 Plea and Disposition agreement, Mendez has identified Thomas Clear, III as “Co-Conspirator 1”. Both Courts are confronting Clear with the allegations and demanding explanations of his involvement with a criminal enterprise to get DWI cases dismissed. Both court’s will have to decide if they have enough evidence to go forward with discipline including but not limited to suspension or permanent disbarment from the practice of law.
A DISSERVICE TO THE PUBLIC
After over a year of front page news and investigation by the FBI and the Department of Justice, it is a major disappointment, but not at all surprising that federal charges for government corruption have yet to be brought against any of the identified law enforcement officers implicated in the scandal nor any of the attorney’s involved. The US Attorney’s office has a reputation of being overly cautious in bringing criminal charges, especially against law enforcement.
The blunt truth is that U.S. Attorney’s Office has done a major disservice the citizens of Albuquerque by not indicting nor charging any of the law enforcement implicated nor the attorneys alleged to be involved. After over a full year investigation, its likely the US Attorney’s office and the FBI have more than enough to proceed with charges and more than enough evidence to secure convictions, with the cooperation of Ricardo “Rick” Mendez, yet the public is told stay tuned.
There is little doubt that this whole DWI dismissal bribery scandal has shaken the public’s faith in our criminal justice system and APD to its core. Now the public is learning that BCSO and New Mexico State Police Officers may also be involved, yet no charges have been filed against law enforcement officers suspected of taking bribes nor the attorneys.
The only way that any semblance of faith can be restored and for people to begin trusting APD and law enforcement again is if all the police officers involved in this scandal are held accountable and the lawyers involved are also held accountable. That will only happen when there is aggressive prosecutions and convictions, the police officers are involved are convicted and they lose their law enforcement certification and disbarment occurs with the attorneys involved in the RICO “DWI Enterprise”. The Order To Cause actions filed by both courts are first good steps.