On April 7, Albuquerque defense attorney Rudolph “Rudy” Chavez agreed to forgo a public hearing on allegations by the New Mexico Supreme Court Disciplinary Board alleging his involvement in the DWI bribery and extortion conspiracy case under investigation by federal authorities. Instead, Chavez accepted an “indefinite suspension” of his law license.
Chavez is the second lawyer to face disciplinary action by the New Mexico Supreme Court relating to the federal bribery of law enforcement cases alleging a scheme to dismiss DWI cases. Chaves has not been criminally charged in the federal case. Chavez agreed to his suspension from the practice of law without admitting any of the allegations made in the Complaint for Suspension filed by the NM Supreme Court Disciplinary Counsel.
Chavez served as an assistant county attorney from 1989 to 1993. He started his own firm in 1993. He has practiced both criminal and civil law.
PETITION TO SUSPEND LICENSE
It was on March 6 that 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 Attorney Rudolph “Rudy” Chavez.
The Disciplinary Board alleged that Chavez worked with former Albuquerque Police Officer Honorio Alba, Jr. and paralegal Ricardo “Rick” Mendez to get an accused drunk driver’s cases dismissed with the payment of bribes to law enforcement. The petition filed by the State Bar Disciplinary Counsel alleges 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. federal 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 Alba admits that he worked “in concert” with Ricardo “Rick” Mendez, and attorney Thomas 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.”
CHAVEZ 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 denied 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.
NEW MEXICO SUPREME COURT FIRST ISSUES TEMPORARY SUSPENSION OF CHAVEZ LAW LICENSE
On March 18, the New Mexico Supreme Court ruled 4-1 to immediately but temporarily suspend the law license of Rudolph “Rudy” Chavez over allegations linking him to the an ongoing federal bribery and conspiracy case to dismiss DWI. The court set an April 7 hearing to listen to oral arguments on the petition filed by the Disciplinary Board of the New Mexico Supreme Court seeking his suspension from the practice of law. On April 7, Rudolph “Rudy” Chavez agreed to forego the evidentiary hearing and accepted an “indefinite suspension” of his law license.
PLEA AGREEMENTS IN FEDERAL DWI ENTERPRISE
To date, more than 260 DWI cases have been dismissed by the Bernalillo County District Attorney’s Office 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.
Eighteen law enforcement officers consisting of 14 APD Officers, 3 BCSO officers, including the undersheriff, and one NMSP Sergeant, have been implicated, resigned or retired.
On February 8, former APD Officers Honorio Alba Jr. and Joshua Montaño were arraigned in U.S. District Court on federal charges and entered guilty pleas under Plea and Disposition Agreements. Both Montaño and Alba pleaded guilty to racketeering, bribery, extortion and conspiracy-related charges and face up to 130 years in prison.
On February 12, former APD Officer Neill Elsman, was arraigned in U.S Magistrate Court and plead guilty as charged to 5 counts including accepting bribes, conspiracy and extortion. Elsman, who started working for APD in 2014 and joined the DWI Unit in 2019 resigned last August ahead of an Internal Affairs Interview. Elsman resigned from the Albuquerque Police Department after returning from military leave.
On February 25, 2025 BCSO Deputy Jeff Hammerel, 39, resigned from the Bernalillo County Sheriff’s Office (BCSO) and quickly plead guilty to one count of conspiracy to commit extortion, two counts of extortion and two counts of bribery. Hammerel admits his role in the racketeering DWI Enterprise to dismiss cases for bribes to help criminal Defense Attorney Thomas Clear III to get DWI cases dismissed. Bernalillo County Sheriff John Allen announced that Hammerel had resigned before pleading guilty as charged.
The 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.
On January 24, Ricardo “Rick” Mendez, 53, the private investigator for attorney Thomas Clear III, plead guilty to all the charges contained in the criminal Information including racketeering, bribery of an agent receiving federal funds, aiding and abetting, interference with commerce by extortion under color of official right and to conspiracy.
On February 12, DWI defense attorney Thomas Clear III, 67, was arraigned in U.S Magistrate Court and plead guilty as charged to bribery of APD officers, racketeering conspiracy, aiding and abetting, and interference with commerce by extortion. He admitted his involvement in the bribery and conspiracy “DWI Enterprise” scheme to dismiss DWI cases.
Clear plead guilty to 9 federal charges including racketeering (RICO) conspiracy, bribery, and extortion. Clear faces up to 130 years in prison and $2 million in fines. The criminal charges and the guilty plea came one day after Clear was suspended from practicing law by the New Mexico Supreme Court over allegations that he paid officers bribes to get his clients’ DWI cases dropped.
In his Plea Agreement, Clear admits that for nearly 30 years he led a criminal racketeering enterprise that paid off generations of law enforcement officers to get his clients’ DWI cases thrown out. Clear admits to running the “DWI Enterprise” since at least 1995. The DWI Enterprise scheme was run out of Clear’s law office.
On February 7, the U.S. Attorney’s Office filed a “Complaint for Forfeiture” for the home containing attorney Clear’s law offices located on Aztec Road in the middle of a Northeast Heights neighborhood.
On March 11, Clear was formally disbarred from the practice of law by the New Mexico Supreme Court. The US Attorney also filed a forfeiture action and seized a home used by Clear as his law office as part of the racketeering case.
Both Mendez and Clear faced up to 130 years in prison and are awaiting sentencing.
Links to quoted or relied upon news sources are here:
https://www.abqjournal.com/news/article_fc350a4d-0e08-4cf7-8692-6d61d7bc752b.html
https://www.koat.com/article/albuquerque-attorney-suspended-police-dwi-scandal/64413511
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
And the beat goes on with the largest law enforcement corruption case in the city’s history involving the Albuquerque Police Department (APD), the Bernalillo County Sheriff’ Department (BCSO) and the New Mexico State Police. Over a 3 month period, federal charges have been filed against Thomas Clear, III and his paralegal Ricardo “Rick” Mendez, and both plead guilty as charged. Clear has been suspended from the practice of law and his law offices forfeited. Three former APD Officers have been charged and plead guilty as charged. One BCSO officer has been charged and plead guilty. All defendants charged face from 70 to 130 years in prison. The New Mexico United States Attorney and the FBI have said they are moving forward with even more charges and expect more to plead guilty.
APD’S 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 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.
NO PUBLIC OUTCRY
What is truly shocking is that there has been very little to no public outrage over what has been going on and the corruption within all 3 of our largest law enforcement agencies. No protests, no condemnations from the general public, civic organizations, business organizations, civil rights and minority rights organizations, neighborhood associations and community policy councils. No outrage expressed by elected officials like the Albuquerque City Councilors, Bernalillo County Commissioners, the District Attorney, the Attorney General, the Governor and our congressional delegation and members of the legislature. Nothing, nada.
No one is demanding accountability nor the resignations of those who are supposed to be in charge. Mayor Tim Keller and APD Chief of Police Harold Medina in particular have pivoted, deflected and blamed all others for what has been happening within APD under their tenure for the last seven years. Mayor Keller for his part runs around with a smile on his face and a grin in his voice as he runs for a third term refusing to hold Chief Medina responsible for his mismanagement of APD. It’s as if the public and our elected officials now accept that law enforcement corruption is the norm and not the exception.
CONCLUSION
The only way that any semblance of faith can be restored and for people to begin trusting APD and law enforcement in general 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 in the “DWI Enterprise” scheme. Until then, do not expect any public outrage by the public or elected officials.