On March 18, the New Mexico Supreme Court ruled 4-1 to immediately but temporarily suspend the law license of Albuquerque DWI criminal defense attorney Rudolph “Rudy” Chavez over allegations linking him to an ongoing federal bribery and conspiracy case to dismiss DWI case by Albuquerque Police, Bernalillo County Sheriff Deputies and State Police Officers. The court set an April 7 hearing to listen to oral arguments on a petition filed by the Disciplinary Board of the New Mexico Supreme Court seeking his suspension from the practice of law.
Links to relied upon or quoted news sources are here:
https://www.abqjournal.com/news/article_f3f71a74-0449-11f0-a674-1fa91ae82bad.html
PETITION FILED
It was 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 DWI Criminal Defense Attorney Rudolph “Rudy” Chavez. The petition to the Supreme Court was filed by Anne L. Taylor, the chief disciplinary counsel.
The petition alleges that 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 required 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.
As grounds for Chavez’s suspension, Chief disciplinary counsel Taylor noted that two defendants involved in the scheme, Ricardo Mendez and Honario Alba, mentioned in their plea agreements that a second lawyer was involved in the scheme, and that the attorney had represented a DWI suspect with the initials Z.W. who was arrested by Alba. But the second lawyer was not named in the public court filings. The disciplinary counsel’s petition states that “upon information and belief,” attorney Chavez is the party Mendez and Alba made reference to in their plea agreements.
The Disciplinary Counsels petition to suspend Chavez’s license states in part:
“Given the length and nature of the enterprise and the allegations against [Attorney Rudy Chavez], as well as the hundreds of dismissed DWI criminal cases as a result of the enterprise, the continued practice of law by [Chavez] will result in the substantial probability of harm, loss or damage to the public.”
REPONSE TO PETITION SEEKING SUSPENSION
On March 17, attorney Rudy Chavez filed his response to the petition seeking his suspension from the practice of law. He denies any involvement in the decades-old criminal conspiracy where law enforcement officers took bribes to make sure suspects they arrested for DWI were never convicted.
In his written reply to the New Mexico Supreme Court, Chavez asserts there is no evidence of his involvement in the bribery scheme. Chavez argues the one drunk driving case the Disciplinary Counsel used to conclude he was involved in the public corruption scandal has “zero features” of the scandal. He said two of the key players who mentioned that case to federal investigators gave false statements.
Chavez points out in his written response to the Supreme Court that it does not add up with how the scheme operated. From confessions and pleas agreement filed in the federal case, the officer or attorney Thomas Clear III’s paralegal, Ricardo ‘Rick’ Mendez, would usually contact the defendant. But in his plea agreement, Mendez said in the specific case involving Chavez, attorneys Clear and Chavez still planned to pay the officer to let the driver off the hook. Alba confirmed that plan in his plea agreement.
Chavez wrote in his response “It is unreasonable and untrue to claim that payments were made” regarding an administrative hearing for the driver to keep his license because the driver never requested that hearing. In the scheme itself that’s one of the first proceedings officers were paid not to attend. Chavez said he wasn’t even hired until weeks after that hearing would have taken place.
Chavez’s response states in particular “Upon information and belief, Mr. Clear has denied (Chavez’s) involvement in the subject matter related to the federal prosecution.” Both Chavez and Clear have operated their own law firms over many years , and there were times the attorneys collaborated on cases, court records show.
Chavez argued in his response “It’s curious why these false statements were included in their sworn pleas.” On payment, he said he billed the driver his usual rate of $350 an hour. Regarding the criminal case, the court record shows one delay, the trial. Chavez explained the driver got sick so the judge rescheduled the trial. It was moved more than a month later to January 17, 2024. That was a day before the public learned of this public corruption scandal. On that day, he said he received notice the Bernalillo County District Attorney’s Office dismissed the case. A list from the DA showed it’s one of hundreds the office had to dismiss after several police officers, were deemed no longer credible in court by the U.S. Attorney’s Office.
In one of Chavez’s final points to the court, he stated simply that neither he nor the driver ever paid off attorney Thomas Clear, Ricardo Mendez, or Honoria Alba to miss any hearings. While Mendez’s plea agreement mentions Chavez’s case, that does not appear in Clear’s plea.
SUPREME COURT IMMEDIATLY SUSPENDS LAW LICENSE
The New Mexico Supreme Court has scheduled for April 7 on whether to suspend Chavez’s license and could disbar him permanently. While that’s pending, the New Mexico Supreme Court granted a temporary suspension, effective immediately.
THE DWI 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.
DWI ENTERPRISE SCORE CARD
Eighteen law enforcement officers consisting of fourteen APD Officers, three 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 pleaded guilty to five federal charges, including conspiracy, racketeering, bribery and extortion on February . Clear, 67, is awaiting sentencing and has been disbarred by the state Supreme Court. Clears law offices have been forfeited and he has been disbarred.
Links to quoted and relied upon news sources are here:
https://www.koat.com/article/albuquerque-dwi-enterprise-second-attorney/64153072
https://www.abqjournal.com/news/article_5ccd5a90-0364-11f0-81e5-b7ac58ef1f01.html
COMMENTARY AND ANALYSIS
It is only a matter of time before others are implicated and those identified are charged.
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. 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 for what they have done.