On February 3, the New Mexico Supreme Court issued an “Order to Show Cause” to prominent DWI criminal defense attorney Thomas Clear, III for his alleged role in the federal racketeering, bribery and conspiracy case where Clear is alleged to have bribed APD officers to dismiss hundreds of DWI cases. The case came to light in January 2024 when FBI agents raided Clear’s law office and the homes of his paralegal Ricardo “Rick” Mendez and former Albuquerque officers Honorio Alba Jr. and Joshua Montaño.
Clear has not yet been charged criminally in the case. Over the last year, the federal racketeering and bribery case has evolved into the largest corruption case in APD’s history, involving upwards 14 APD officers over the last 15 years. 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.
LAW LICENSE SUSPENDED BY SUPREME COURT
On Tuesday, February 11, the New Mexico Supreme Court issued a Court Order suspending the law license of Thomas Clear, III over allegations that he bribed APD police officers with cash, gifts and free legal advice to have his clients’ DWI cases dismissed. The order states:
“[Attorney Thomas Clear III] is hereby indefinitely suspended from the practice of law, effective immediately.”
The Supreme Court’s decision bans Clear from practicing law in New Mexico and in all courts in the state including Federal Courts.
In the last three weeks, Clears former paralegal Ricardo “Rick” Mendez and former Albuquerque officers Honorio Alba Jr. and Joshua Montaño have been charged and have plead guilty to racketeering, bribery, extortion and conspiracy charges. All 3 have named Thomas Clear as an accomplice in the bribery and conspiracy scheme. On Friday, February 7, federal prosecutors file a civil forfeiture action to seize Clear’s Northeast Heights law office alleging it was used to promote and facilitate the criminal DWI Enterprise.
The links to relied upon or quoted news sources are here:
https://www.koat.com/article/new-mexico-supreme-court-order-attorney-dwi-scandal/63763626
https://www.kob.com/new-mexico/new-mexico-supreme-court-suspends-attorney-involved-in-dwi-scheme/
FEDERAL COURT ORDER TO SHOW CAUSE
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. 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. Clear is asking Judge Kenneth Gonzales to either allow him to resign as a member of the bar, be suspended for an indefinite period of time or hold off taking any disciplinary action until any criminal matters are resolved.
COMMENTARY AND ANALYSIS
The federal court and the New Mexico Supreme Court have now taken aggressive steps to disbar, suspend or discipline attorney Thomas Clear III with the filing of Order To Show Cause pleadings. 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”, meaning on their own initiative without any prompting by any source or party to litigation and before Clear has been charged with any crimes. 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
WILL CLEAR BE CHARGED AND PLEAD GUILTY AND COOPERATE TO SECURE A REDUCED SENTENCE?
Clear has not been criminally charged in the Federal case nor has he said anything publicly to address the allegations since the FBI executed search warrants a year ago at his law office and the homes of 3 others. Criminal charges are expected to be filed within a week if not days.
What remains to be seen is if Thomas Clear will be charged with racketeering, bribery, extortion and conspiracy and if he enters a plea of guilty at the same time as the federal charges are filed as was with the cases of Ricardo “Rick” Mendez and former APD officers Honorio Alba Jr. and Joshua Montaño. All 3 are facing up to 110 years in prison and are no doubt cooperating in order to secure reduced sentences.
In addition to if and when charges are filed against Thomas Clear, the biggest question that will remain to be answered is if Thomas Clear will implicate all APD officers he may have bribed over the years and how far up APD’s chain of command will it go?
BASTION OF DIRTY AND CORRUPT COPS
There is absolutely no doubt that APD’s reputation has been trashed to a major extent because of this scandal. APD is viewed by many as again having just another bastion of “dirty and corrupt cops” who have brought dishonor to their department and their badge and to the department’s professed values of “Pride, Integrity, Fairness and Respect”. There is no doubt that this whole DWI dismissal bribery scandal has shaken the public’s faith in our criminal justice system and APD to its core.
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 held accountable. That will only happen with aggressive prosecutions, convictions, and lengthy prison sentences for the law enforcement officers and attorneys involved are imposed in the “DWI Enterprise” scheme.
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