It has been reported that on March 6, the Office of Disciplinary Counsel of the New Mexico Supreme Court Disciplinary Board filed a petition with the New Mexico Supreme Court for the suspension of the law license of prominent DWI Criminal Defense Attorney Rudolph “Rudy” Chavez. The State Bar Disciplinary Board oversees all investigations of misconduct by attorneys. According to state law, an attorney’s law license may be suspended when the disciplinary counsel is investigating that attorney for an alleged violation of the Rules of Professional Conduct. The petition was filed by Chief Disciplinary Counsel Anne L. Taylor.
The petition alleges that Defense Attorney Rudolph “Rudy” Chavez was the second attorney involved in the long-running racketeering, bribery and conspiracy DWI Enterprise to dismiss DWI cases in which New Mexico law enforcement officers from the Albuquerque Police Department, the Bernalillo County Sherriff’s Office and the New Mexico State Police accepted bribes to ensure drunken driving offenders they arrested were never convicted, and in some instances, never formally charged.
The New Mexico Supreme Court filed a notice requiring defense attorney Rudolph B. Chavez to respond by March 17 to the petition which is seeking that he be suspended from the practice of law until further notice of the court. Chavez has not been criminally charged as part of the federal prosecution. Thus far, the federal prosecution has resulted in guilty pleas from three former APD police officers and a former Bernalillo County Sheriff’s deputy. Also pleading guilty to all charges filed are longtime Albuquerque criminal defense attorney Thomas Clear III, and his investigator Ricardo “Rick” Mendez.
After Clear pleaded guilty to five federal charges, including conspiracy, racketeering, bribery and extortion on February 12, the New Mexico Supreme Court began formal proceedings to disbar him permanently from the practice of law. On March 11, Clear was officially disbarred by the New Mexico Supreme Court.
CONNECTING THE DOTS IN PLEA AGREEMENTS AND CHARGES FILED
The Disciplinary Board alleges that Chavez worked with former Albuquerque Police Officer Honorio Alba, Jr. and paralegal Ricardo “Rick” Mendez to get an accused drunk driver’s case dismissed. The petition filed by the State Bar Disciplinary Counsel alleges in part that “upon information and belief,” Rudolph “Rudy” Chavez is the party identified as a co-conspirator in both Ricardo “Rick” Mendez’s and former APD Police Officer Honorio Alba Jr. plea agreements.
On February 7, Honorio Alba Jr. plead guilty to the federal charges of racketeering, bribery, extortion and conspiracy-related charges and faces up to 130 years in prison. In his plea agreement he admits that he worked “in concert” with Mendez, Clear and “another Albuquerque defense attorney” to ensure a man he arrested in April 2023 avoided criminal and administrative consequences related to his offense.
In the criminal information plead to by Alba, a DWI suspect identified as “Z.W.”said he knew nothing about any criminal conspiracy and said “Rudy Chavez did nothing to make me question his integrity.” “Z.W.” said he was never told “anything that didn’t sit well with me.” None the less, “Z.W.” said his attorney Rudy Chavez was able to get his DWI case dismissed the day of trial without explanation. Ricardo “Rick” Mendez in his plea agreement also mentions the case of “Z.W.”
ZW was identified as Zachary Williams. The State Bar Disciplinary Counsel petition states that Rudy Chavez represented client Zachary Williams in that case and noted that Alba was the arresting officer. Alba also stated that he “relied on attorney co-conspirators to handle any aspect of the scheme and the enterprise that required an attorney present in court or at administrative hearings” such as those conducted by the state Motor Vehicle Department, which oversees driver’s license privileges.
Honorio Alba Jr conducted a DWI stop of Zachary Williams on a Sunday night in April 2023. At that time of his arrest by Honorio Alba Jr., Zachary Williams already had two DWI convictions on his record. Because of the arrest he was facing a 3rd DWI offense, along with reckless driving, no proof of insurance, and possession of open container charges filed by Alba. Zachary Williams said that he paid Rudolph “Rudy” Chavez $8,000 to represent him, which he claimed was lower than other attorneys he spoke with. Williams said that Chavez told him the price was that high because it was his third DWI. Zachary Williams said he was dressed in a suit in January 2024 to go to court for trial but was told by Chavez his case was dismissed the day of trial with no real explanation as to why. According to court documents, the decision to dismiss was “in the interest of justice.”
Chavez took over a number of Clear’s cases after the feds raided Clear’s law office in January 2024. The two also worked on several cases together going back to June 2006.
The State Disciplinary Counsel essentially “connected the dots” from the plea agreements with the charges handled identifying the defendant and then identified Rudy Chavez as the defense attorney involved with the DWI Enterprise. The petition filed by Chief Disciplinary Counsel Anne L. Taylor alleges in part:
“Given the length and nature of the enterprise and the allegations against Rudolph “Rudy” Chavez , as well as the hundreds of dismissed DWI criminal cases as a result of the enterprise, the continued practice of law by Rudolph “Rudy” Chavez will result in the substantial probability of harm, loss or damage to the public.”
To date, more than 200 DWI cases have been dismissed because they were filed by Albuquerque Police Officers, a Bernalillo County Sheriff Deputy and a New Mexico State police officers all implicated and under investigation as part of the FBI’s continuing investigation of the criminal DWI Enterprise scheme.
Links to quoted or relied upon news sources are here:
DWI CRIMINAL ENTERPRISE
It was on Friday January 19, 2024 that the Federal Bureau of Investigation (FBI) executed search warrants and raided the homes of 3 Albuquerque Police officers and the home and law offices of prominent DWI criminal defense attorney Thomas Clear, III and his investigator Ricardo “Rick” Mendez. All those targeted with a search warrant are accused of being involved in a bribery and conspiracy scheme to dismiss DWI cases.
Bernalillo County District Attorney Sam Bregman ordered the dismissal of over 200 DWI cases because of the scandal due to police officer credibility being called into question in cases where they made DWI arrests. Over the last year, the investigation has evolved into the single largest law enforcement corruption case in the city’s history involving APD, the Bernalillo County Sheriff’s Office and the New Mexico State Police with no end in sight.
More than a year into their investigation, the FBI continues to seek out those who participated in the near 30-year criminal enterprise in which law enforcement officers coordinated with defense attorney Thomas Clear, III and his investigator Ricardo “Rick” Mendez to get drunken driving cases thrown out of court by paying bribes to arresting officers.
According to criminal complaints, indictments and plea agreements filed in Federal District Court by the New Mexico United States Attorney and the US Department of Justice, DWI officers would give contact information on motorists they arrested to Mendez and Clear. In exchange, the law enforcement officers would receive cash, gifts and legal services and intentionally fail to show up to required pretrial interviews or scheduled court hearings. They would also withhold evidence in cases where the suspects hired Clear. Clear would then file motions to dismiss the charges, and judges would do so as a sanction against the prosecution.
Clients whose cases were dismissed would typically pay more in legal fees of between $5,000 and $10,000 depending on if the charges were DWI or aggravated DWI. Law enforcement officers would be recruited by Clear and Mendez to participate in the scheme over many years. The conspirators would also profile people as to their ability to pay higher fees. Defense attorneys customarily charge between $3,000 and $6,000 to defend DWI cases depending on if the case is a persons first, second, third or even the fourth offense, misdemeanor or felony DWI. There is no charge if a person qualifies and is defended by the Public Defender’s Office.
The corruption score card thus far is as follows:
- Seventeen cops consisting of fourteen APD Officers, two BCSO officers, including the undersheriff, and one NMSP Sergeant, have been implicated, resigned or retired.
- Three APD officers and one BCSO Deputy plead guilty as charged with no sentencing agreement for their involvement in the DWI Enterprise and accepting bribes to dismiss DWI cases. Depending on the charges plead to, they face between 70 to 130 years in prison.
- Thomas Clear, III and his paralegal Ricardo “Rick” Mendez plead guilty to all federal charges with no agreement as to sentencing with both facing up to 130 years in prison. Clear has been disbarred from the practice of law and his law offices forfeited.
COMMENTARY AND ANALYSIS
There is 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 little doubt that this whole DWI dismissal bribery scandal has shaken the public’s faith in our criminal justice system to the core with law enforcement officers from the state’s three largest law enforcement agencies of APD, BCSO and NMSP being involved.
What is truly shocking is that there has been very little to no public outrage over what has been going on with the corruption in all 3 of our major law enforcement agencies. No protests, no condemnations from the public, civic organizations, business organizations, civil rights and minority rights organizations, neighborhood associations and community policy councils. No outrage expressed by elected officials like Albuquerque City Councilors, Bernalillo County Commissioners, the District Attorney, the Attorney General, the Governor, members of the legislature and our congressional delegation. Nothing, nada.
No civic or business organization is demanding the resignations of those who are supposed to be in charge. Mayor Tim Keller and APD Chief of Police Harold Medina “pivot, deflect and blame” all others for what has happened with APD under their tenure. Mayor Keller for his part smugly grins as he prepares confidently to run for a third term. It’s as if the public and our elected officials now accept that law enforcement corruption is the norm, not the exception and tolerated.
The only way that any semblance of faith will be restored and for people to begin trusting APD and law enforcement in general again is if all the police officers and the lawyers involved in this scandal are held accountable. Accountability will only happen with aggressive prosecutions, convictions, and lengthy prison sentences and hefty fines imposed for the law enforcement officers and attorneys involved in the “DWI Enterprise” scheme. Until then, do not expect any public outrage.