Federal criminal charges have been filed by New Mexico United States Attorney Alexander Uballez against two former Albuquerque DWI police officers in the largest corruption case in the history of the Albuquerque Police Depart (APD).  Officers with the Bernalillo County Sheriff’s Office (BCSO)  and the New Mexico State Police have also been implicated.

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.  All those targeted with a search warrant are allegedly involved in a bribery and conspiracy scheme spanning at least 15 years 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 they made DWI arrests.

FORMER APD OFFICERS PLEAD GUILTY

On Friday, 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 in negotiated Plea and Disposition Agreements. Both Montaño and Alba pleaded guilty to racketeering, bribery, extortion and conspiracy-related charges and face potentially more than 100 years in prison. Alba and Montaño plead guilty to the charges two weeks after a private investigator, Ricardo “Rick” Mendez, who  worked for DWI criminal defense attorney Thomas Clear, III plead guilty to 1 count of racketeering, 5 counts of bribery, 1 count of extortion, aiding and abetting and 1 count of conspiracy. The APD officers allegedly took kickbacks to help local criminal DWI defense attorney Thomas Clear, III to dismiss DWI cases.

Alba and Montaño are the first of 13 APD police officers to be charged in the FBI’s ongoing investigation into what prosecutors call the “DWI Enterprise.” Both admit that they took thousands in cash and gifts from Mendez and Clear and admitted recruiting other police officers into the scheme, and asked supervisors to help keep the criminal enterprise under wraps. Clear has not  been charged, but the federal and state courts are seeking his disbarment and forfeiture actions have been bought against a home and his law offices.

The Albuquerque Police Department has placed 12 officers on leave. Ten have  resigned, retired or been fired as APD conducted its own Internal Affairs  probe into the allegations. BCSO has placed one deputy on leave, and State Police has said it has not determined any of its officers were involved.

Alba and Montaño were identified as among the most prominent targets in the FBI corruption investigation. News source have determined Alba was responsible for dismissal of 67 DWI cases while Montaño had 41 DWI dismissals.

U.S. Attorney for New Mexico Alexander Uballez said this to news media outlets about the charges:

“This is neither the end of the investigation nor the end of the case. This is not how we normally do things. The way we are approaching this very unique case is very different. … Typically, defendants are charged all at once and the resolution of their cases in court can take months. … What we are seeing is falling dominoes of people accepting responsibility and being connected with the facts, not just the allegations. … There’s been calls from the beginning from the community from the beginning for accountability from APD itself and from all of our law enforcement partners. One of our highest missions in the Department of Justice and one of our biggest focuses over the past three years was making sure the public had a reason to trust in its institutions.”

Criminal DWI defense attorney Thomas Clear, III has not been charged criminally. U.S. Attorney Uballez has declined to say whether that will happen. He said his office doesn’t comment “about people who haven’t been charged.”

ALBA AND MONTAÑO PLEAS REVEAL EXTENT OF CORRUPTION

The Alba and Montaño Plea and Disposition Agreements reveal the extent and nature of the “DWI Enterprise” and the corruption.

In his Plea and Disposition Agreement, Joshua Montaño admits that he began working with Ricardo “Rick” Mendez and DWI defense attorney Thomas Clear after joining the DWI unit in 2017. Honorio Alba Jr. admitted in his Plea and Disposition Agreement he became an officer in the DWI unit in 2017 and a year later became involved with the DWI dismissal  scheme to accept bribes.

Both officers admit in their plea agreement to “at least two acts of racketeering” and detail four separate instances in which they accepted bribes and were paid by Mendez to let DWI cases be dismissed. One DWI case included where the drunken driver was an acquaintance of one of the officers involved in the scheme and was referred to Clear’s law firm by that officer.

Alba and Montaño both state that as part of the scheme, they would release DWI suspects without booking them into jail or filing charges, often giving Mendez the suspects’ phone numbers. The plea agreements state the criminal DWI Enterprise changed after the courts suspended pretrial interviews in 2022. They would intentionally miss scheduled hearings to get the cases dismissed.

Alba and Montaño admit they would target DWI suspects they believed could pay expensive retainer fees, then funneled those people to Defense Attorney Thomas Clear, III and his paralegal Rick Mendez. The officers would conspire to miss court hearings that resulted in dismissals of cases where briberies had been paid.

Alba and Montaño admit they “worked out another method” with Clear and Mendez to miss DWI motion hearings or trial settings. Both officers said they coordinated with Mendez and Clear to schedule what hearings or interviews they would miss for the DWI case to be dismissed.  Montaño stated that Mendez was his go-to for arranging payments through the scheme, and he was paid in cash as well as free hotel rooms, meals and “free legal representation for my family and friends” by Clear.

Alba admits that he, Clear and Mendez asked senior APD officers who had been involved in the scheme “to use their positions and influence” to ensure the officers involved were not caught. Alba says he asked these senior officers for help in the fall of 2023 when a complaint was filed against him with the Civilian Police Oversight Agency. Alba  said Mendez paid him in cash, tires and at one time a diamond ring. Alba admitted that “on at least one occasion” he was paid by attorney Tom Clear directly.

In his plea agreement, Alba admits that he would deliver payments to other APD officers involved on behalf of Clear and Mendez.  Alba admits he helped recruit officers into the scheme and personally introduced them to Mendez and Clear and warned the pair which officers to “avoid attempting to recruit” as they may report the activity.

It’s unclear how much money was made from the scheme. Both former officers admit that from 2019 to 2024, they accepted a “series of transactions [bribes] involving $5,000 or more during each year.”

FEDERAL CIVIL FORFEITURE ACTION FILED AGAINST CLEAR’S LAW OFFICE  

On February 7, the Federal Bureau of Investigations (FBI) filed a “Complaint for Forfeiture” of a home containing attorney Clear’s law offices located on Aztec Road in the middle of a Northeast Heights neighborhood. In the forfeiture complaint, the FBI names for the first time Thomas Clear III as a main player in the “DWI Enterprise” criminal organization. The FBI is seeking to seize Clear’s property and get title where they believe the crimes took place. The court filing is the first mention of Clear by name, usually identified as “co-conspirator 1,” allegedly engaging in the criminal enterprise.

The FBI  want to seize the home and office property because they believe it  is where Clear laundered money and used it to “conduct, conceal, and otherwise assist himself and other members and associates of the DWI Enterprise in their criminal activities.”

The forfeiture complaint alleges that one goal of the DWI Enterprise was to “grow a client base willing to pay higher fees in exchange for the successful resolution” of the suspect’s DWI offense. Another purpose was to develop a client referral system based on the illegally obtained dismissals of DWI cases. Moreover, the enterprise intended to “protect, preserve and enhance Clear’s status and reputation as an attorney, thereby allowing Clear to continue growth of the DWI enterprise.”

The civil forfeiture complaint alleges that cash payments were made to law enforcement members of the enterprise at Clear’s Albuquerque law office, which had been Clear’s former family home.  Recruitment meetings were held at the law office. During these meetings, Mendez “would convey the rules for participating in the DWI Enterprise, and one of the rules was to avoid depositing cash into the Officer Members’ bank accounts.”  Cash payments from Clear and Mendez were also made to officer members at locations other than the law office, according to the complaint.

CLEAR REPONDS TO 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.

ANATOMY OF A BRIBERY AND DWI DISSMISSAL SCANDAL

The criminal Information filed on January 24 in Federal Court against Ricardo “Rick” Mendez charges that the “DWI Enterprise” dates to back to 2008 and described its operation like that of a gang involving  law enforcement using coded language, teaching the scheme to new recruits and asking supervisors to make sure it stayed under wraps. At least two former-DWI officers placed on leave in the case had worked at Internal Affairs.

Prosecutors allege as fact in the federal Criminal Information charging document that “as part of the  racketeering conspiracy, each member and associate of the DWI Enterprise served a different role” to subvert the criminal justice system.

As to attorneys, federal  prosecutors allege that a criminal defense attorney, presumably Thomas Clear, III,  who “specialized in DWI defense”, and his private investigator Ricardo “Rick” Mendez  “handled the day-to-day coordination of the scheme.”

The federal Criminal Information pleading filed alleges law enforcement participants changed over time as they came and went from the APD DWI Unit.

In his Plea and Disposition Agreement, Mendez admits the bribery scheme began in 2008, a year after he was hired by Clear. Mendez admits that police officers who arrested drunk drivers would take their driver’s licenses rather than arrest them for DWI. Those licenses were handed off to Mendez who would contact the driver and tell them they could get off the hook if they paid him several thousand dollars in cash.

Part of the money would go to the arresting officer. In some cases when charges were filed, Mendez said he worked with officers to make sure he and Attorney Clear scheduled court hearings at times that the officers were busy. Besides cash police officers and their family members received free legal advice and representation, gift cards, and hotel rooms.

When law enforcement involved in the scheme arrested someone or pulled them over for DWI, they would pass the person’s driver’s license and telephone number to him. Mendez would contact the charged Defendant and tell them, if they hired Clear, “they would not have to worry about the DWI arrest.” If Clear was hired, Mendez said, the pair “strongly encouraged” the person to pay their retainer in cash and then officers would intentionally fail to appear at required hearings. Prosecutors allege Clear would move to dismiss the DWI case “even though (he) was aware” the officer had been paid to not show up.

Mendez said the officers were often paid in cash, up to $5,000 per case, but also received other benefits. Those benefits included free legal services, gift cards, hotel rooms and other gifts.  Mendez typically handled paying off law enforcement but, on occasion, Clear paid them directly. If the person didn’t retain Clear as an attorney, Mendez said, the officer would go about the case as normal, “usually securing a DWI conviction against the offender.” There were times police officers would let the DWI offender go without filing charges so Mendez could contact them and secure money to ensure the case would never be filed.

Mendez said the scheme “evolved over the years” within the APD DWI Unit, which had the most officers involved. They made sure to recruit and train new officers in the scheme and to personally introduce them to Mendez, giving him their phone numbers.  Federal prosecutors allege that APD officers would be paid a “referral fee” by Mendez or Clear for a new recruit and those who were veterans in the scheme would warn Mendez which officers he should avoid, as they might report the activity to Internal Affairs. Prosecutors allege:

“This generational participation, particularly within APD, allowed the DWI Enterprise to take root amongst almost the entire APD DWI Unit over a lengthy period of time.”

Federal prosecutors allege Mendez and Clear asked senior members of the scheme to “use their positions and influence within APD” to try to ensure that involved officers “were not investigated or disciplined in connection with their illegal activity.”

The bribery and conspiracy scheme adapted to changes in the judicial system, such as when DWI case pretrial interviews were done away with in 2022.  According to the plea agreement, police officers would skip the pretrial interviews to get the DWI cases dismissed. After pretrial interviews were discontinued, assigned APD police officers started missing motion hearings or trial settings  that resulted in the courts dismissing the cases. Federal prosecutors assert law enforcement involved would use coded language in emails and phone communications with each other as they coordinated their scheme.

In his guilty plea, Mendez said some DWI offenders were aware they were paying bribes to get a case dismissed, while others were not. In several cases, Mendez said he never told Clear about the bribes.

OFFICERS IDENTIFIED

The bribery and conspiracy investigation has evolved during the last year into the largest corruption case in APD’s history. A total of 13 APD Police officers have been implicated in the scandal and 7 have resigned during the Internal Affairs investigation, 3 are on paid leave and one has been terminated. One by one, the accused Albuquerque police officers have been turning in their badges and resigning rather than talking to Internal Affairs investigators about an alleged public corruption scheme involving DWI cases. The names and dates of the 12 officers who have resigned, placed on leave or who have been terminated are:

• On February 7, 2024  Justin Hunt,who started at APD in 2000, resigned.
• On February 29, 2024, Honorio Alba, who started at APD in 2014, resigned.
• On March 13, 2024, Harvey Johnson, who started at APD in 2014, resigned.
• On March 15, 2024, Nelson Ortiz, who started at APD in 2016, resigned.
• On March 20, 2024 Joshua Montaño, who started at APD January 2005, resigned.
• On May 2, 2024 Daren DeAguero, who started with APD in 2009, resigned.
• On May 9, 2024, Matthew Trahanwas placed on paid leave as the investigation plays out. Trahan has been with APD since 2006, was with the DWI unit from 2014-16 and recently worked as a detective.
• On July 30, 2024 APD Officer Neill Elsman, who had worked in the DWI unit within the past several years, resigned before returning to work from military leave.
• On August 1, APD announced that it fired APD Commander of Internal Affairs for Professional Standards Mark Landavazo. He started with APD in  2007 and was with the DWI unit from 2008 through 2013.
• October 16, Deputy Commander Gustavo Gomez  with APD’s Internal Affairs Force Division was placed on paid administrative leave. Gomez was with the DWI unit from 2010 to 2013
• On January 24, 2025 APD announced they placed officers Matthew Chavez and  Lieutenant Kyle Curtis on paid leave.
• On February 28, Lieutenant Kyle Curtis announced his retirement amid being targeted in the Internal investigation involving DWI arrests.
• In 2022, APD Police Officer Timothy McCarson retired from the department.

On February 24, Bernalillo County Sherriff John Allen announced that BCSO  Deputy Jeff Hammerel was immediately placed on administrative leave. The New Mexico State Police has not announced if any State Police Officer has been placed on leave in that no State Police Officer has yet to be identified as being involved in the bribery and conspiracy scandal.

STATEMENTS ISSUED

Attorneys for Honorio Alba and Ricardo “Rick” Mendez could not be reached by news media outlets for comment.

On February 7, Joshua Montaño’s attorney Lisa Torraco issued the following statement:

“Today, Joshua Montaño appeared in Federal Court and fully admitted his involvement in the DWI scandal. … He regrets his actions and is deeply remorseful. He knows he let down his community and he failed to uphold his duty as a police officer. He apologizes to the community and to his friends and family.”

On February 7, APD issued the following statement on behalf of APD Chief Medina:

“It has been exactly one year since the first officer resigned from APD as a result of this investigation. … Shortly after that, Officers Alba and Montaño resigned, rather than being interviewed by our investigators. As I initially told the FBI and said when this investigation became public, a key turning point appears to be the procedural changes made by the Supreme Court in 2022. Mayor Keller and I advocated for those changes. Officers Alba and Montaño now admit they purposely missed pre-trial interviews in exchange for cash and gifts, and they had to modify the conspiracy after those procedural changes by the Supreme Court.

I had faith that the federal investigation would get to this point and hold these officers accountable for their criminal conduct. I appreciate the hard work of the FBI and the U.S. Attorney’s Office. I wish I could say this is the end point, but we continue to discover details of this conspiracy and those who participated in it. We will leave no stone unturned. I hope others who were part of this conspiracy pay close attention to the prison sentences these officers agreed to serve in exchange for their cooperation.”

On February 7, Mayor Tim Keller issued the  following statement:

“The actions by those involved in this decades old scheme are a betrayal of public trust and law enforcement integrity. While we won’t realize full justice until everyone involved in this conspiracy is held accountable, all known participants at APD are no longer serving with the department, and today brings us closer to justice. I appreciate the thorough investigation by the FBI and the leadership at APD, who worked with the FBI since day one to get to the bottom of this corruption and make reforms to protect against future misconduct.” 

Links to relied upon or quoted news sources are here:

https://www.kob.com/new-mexico/2-former-apd-officers-reach-plea-deal-in-federal-dwi-investigation/

https://www.abqjournal.com/news/article_16d580fe-e59a-11ef-afb6-2b91f6b3aa13.html#tncms-source=home-featured-7-block

https://www.koat.com/article/albuquerque-police-officers-guilty-federal-dwi/63707482

https://www.krqe.com/news/crime/albuquerque-police-department-dwi-investigation/feds-look-to-seize-law-office-of-albuquerque-attorney-named-in-dwi-scheme/

https://www.krqe.com/news/crime/albuquerque-police-department-dwi-investigation/former-apd-officers-charged-in-dwi-unit-scandal/

https://www.krqe.com/news/crime/albuquerque-police-department-dwi-investigation/former-apd-officers-charged-in-dwi-unit-scandal/

COMMENTARY AND ANALYSIS

FINALLY, FINALLY, after over a full year, the New Mexico United States Attorney and the FBI are moving forward with charges in the largest corruption case in APD’s history. The prosecutions are being done piecemeal one or two at a time. U.S. Attorney for Alexander Uballez put it this way:

“This is not how we normally do things. The way we are approaching this very unique case is very different. … Typically, defendants are charged all at once and the resolution of their cases in court can take months. … What we are seeing is falling dominoes of people accepting responsibility and being connected with the facts, not just the allegations.”

TIME RUNNING OUT FOR UBALLEZ

The U.S. Attorney and the FBI should have more than enough evidence to charge the other 12 former APD officers and they should move quickly to do just that in that time is running out. The current U.S. Attorney for New Mexico Alex Uballez will likely be fired by President Donald Trump within weeks now that new Attorney General Pam Bondi has been confirmed by the US Senate. It could take months to replace Uballez and the decision to go forward with pending charges will likely be left to the next U.S. Attorney, and that could delay prosecutions.

COURTS TAKING AGGRESSIVE ACTION AGAINST CLEAR

The federal court and the New Mexico Supreme Court are taking 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.

HOW FAR UP APD’S CHAIN OF COMMAND DOES CORRUPTION GO?

The most troubling question that remains and that must be answered to restore confidence in APD is just how many APD supervisors knew of the corruption and how far up APD’s existing chain of command does the corruption go?

In the Criminal Information filed against Ricardo “Rick” Mendez, and to which Mendes plead guilty to the alleged facts in all the counts, federal Prosecutors allege Mendez and Clear asked senior members of the scheme to “use their positions and influence within APD” to try to ensure that involved officers “were not investigated or disciplined in connection with their illegal activity.”

Honorio Alba also admits in his plea that he, Clear and Mendez asked senior APD officers who had been involved in the scheme “to use their positions and influence” to ensure the officers involved were not caught. Alba said he asked these senior officers for help in the fall of 2023 when a complaint was filed against him with the Civilian Police Oversight Agency.

On March 20, 2024, it was announced that Joshua Montaño had resigned from APD. Montaño at the time of his resignation was an 18-year veteran of the department having joined APD in January 2005 and  served on the DWI unit since 2015. On March 20 Montaño sent his letter of resignation to Police Reform Superintendent Eric Garcia and the letter was released to the public. A damning portion of the resignation letter states as follows:

“Chief Medina has made it seem like there are just a few bad officers acting on their own. This is far from the truth. None of allegations against myself or others in the DWI Unit happened without supervisory knowledge. And they didn’t just happen over a few years ago. From my time as a P2/C, officers all know that our attendance, or non-attendance, at Court is watched over and monitored.”

On August 1, 2024, APD announced that it fired APD Commander Mark Landavazo, the APD Commander of Internal Affairs for Professional Standards. Landavazo had been with APD since 2007 and was with the DWI unit from 2008 through 2013. The on line news outlet City Desk ABQ reported it had obtained emails that showed the FBI had forwarded a tip in June of 2022 to Landavazo about an officer working with attorney Thomas Clear III and his paralegal to guarantee a DWI charge would go away if the defendant paid $10,000.  According to those emails, Landavazo told  the FBI agent that Internal Affairs does not handle such private civilian complaints and that it is the Civilian Police Oversight Agency that handles civilian complaints. Chief Medina later learned the FBI contacted APD’s Internal Affairs Unit in June of 2022. APD said Internal Affairs Commander Mark Landavazo told the feds it was not a case Internal Affairs would handle because it was a citizen complaint. However, because there were criminal allegations, APD said Landavazo should have moved it up the chain of command. The department fired Landavazo over in February of 2024. When Landavazo was initially placed on administrative leave, an unnamed Lieutenant was temporarily reassigned from the Internal Affairs Department to another unit as well.

On October 16, APD Deputy Commander Gustavo Gomez, with APD’s Internal Affairs Force Division was placed on paid administrative leave in relation to the DWI dismissal and bribery scandal. Gomez was named Deputy Commander of the Internal Affairs Force Division by Chief Harold Medina. Gomez has been with APD since 2008 and was a DWI officer from 2010 to 2013.

It was APD Chief Harold Medina who promoted both Mark Landavazo and Gustavo Gomez into high ranking positions of Internal Affairs and who were part of the DWI Enterprise. The number of APD Officers Chief Medina has promoted to high-ranking positions during his tenure that were involved in the DWI Enterprise over the years remains unknown.

It is Internal Affairs that investigates nefarious conduct of police officers. It’s about as corrupt as it gets when at least two high ranking APD Internal Affairs officers are identified as being a part the largest corruption scandal in the department history.

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. Now the public is learning that BCSO and New Mexico State Police Officers may also be involved.

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.

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

https://www.kob.com/news/top-news/attorney-explains-why-he-shouldnt-face-punishment-for-alleged-dwi-scandal/

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 5^th 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.

On January 5, legislation to expand New Mexico’s red flag passed the House Judiciary Committee on a party-lines vote. Before that, it passed the House Consumer and Public Affairs Committee on a party-line vote.  New Mexico’s red flag law now goes  to the House floor for a final vote in that chamber. If it passes in the House of Representatives, it will be forwardwed to the State Senate to again go through the committee process.

New Mexico’s red flag law currently allows everyday New Mexicans to ask a judge to temporarily take away someone’s guns if they are a danger to themselves or others. It does not specifically mention law enforcement. House Bill 12 amends the law allowing law enforcement officers to file those petitions while also removing the current 48-hour confiscation period now instructing law enforcement to confiscate those guns immediately.

Court data shows at least 160 petitions have been filed throughout the state since the law was first enacted back in 2020.  However,  there are different court  interpretations of the law and whether or not law enforcement officers are allowed to file the petitions. Assistant Attorney general Jenn Vickery said this:

“The [Second Judicial District Court]  which is Albuquerque, Bernalillo County, the judges there are already allowing law enforcement to file petitions. But …  in the First Judicial Dsitrict in Santa Fe, a district court judge said a law enforcement officer wasn’t listed as a reporting party, so they denied the petition. So we’re seeing confusion in the judicial system where some judges mean who can be a reporting party.”  

With respect to removing the current 48-hour confiscation period and allowing law enforcement to confiscate those guns immediately, Rep. Christina Chandler said this: .

“There’s a concern there that a person who might have been thinking about doing some dangerous things, either themselves or others, would use that 48 hours to achieve that end. So that they wanted to be able to just take the guns immediately, as more clearly in the statute.”  

The link to the quoted or relied upon news source is here:

https://www.kob.com/new-mexico/proposal-to-expand-red-flag-law-heads-to-house-floor/

NEW MEXICO’S RED FLAG LAW

It was on February 25, 2020 that Governor Michelle Lujan Grisham signed into law the “Extreme Risk Firearm Protection Order Act” also known as a “red-flag” gun bill that allows firearms to be temporarily taken away from those deemed dangerous to themselves or others. New Mexico’s  “red flag law”  allows everyday citizens, family members or third parties to petition a state court to order the temporary removal of firearms from a gun owner or a person in possession of a gun who may present a danger to themselves or others. The action is civil in nature and it is not a criminal action nor a civil commitment proceeding to determine mental competency. Red flag law court orders are also referred to as Extreme Risk Protection Orders (ERPOs).

Under New Mexico’s “red flag law”, if a judge after an evidentiary hearing find that person is dangerous to himself or others, that person must surrender all firearms within their possession or control to the police for a specified period of time. During that period of time, the person is also not allowed to buy or sell guns. Further, it is a temporary order, very much like a temporary restraining order, it does not permanently keep guns away from individuals who might cause significant risk. Such court orders are only as good as the enforcement behind it by law enforcement.

The biggest criticisms against “red flag” laws are that they violate a person’s US Constitution Second amendment rights to bear arms. Another major criticism is that a person’s constitutional right of due process of law is violated when a court can issue a temporary “ex parte” order to seize guns from people without an evidentiary hearing and without any notice. (NOTE: An “ex parte” order is a court order granted against a person not present at the hearing and at the request of and for the benefit of another party.)

https://gunsandamerica.org/story/19/08/05/what-is-a-red-flag-law/

On August 13, 2024 it was reported to the influential 32 member Courts, Corrections and Justice Interim Committee by a law enforcement task force on the “red flag law” that the use of New Mexico’s “red flag” gun law has increased dramatically since its enactment in 2020. Use of the law has steadily increased over the last two years, as law enforcement officers have received training and grown more familiar with how it works.

Statewide, the number of temporary firearm seizure petitions filed by law enforcement agencies has jumped from a mere 3 petition filings  in 2021 to 46 petition filings in 2023.  Following are the statistics reported to the committee on the filing of the firearms petitions during the last 5 years:

• 2020:  4
• 2021: 3
• 2022: 14
• 2023: 46
• 2024: 51

Albuquerque based Second Judicial District Judge Jane Levy told the committee that of the roughly 120 petitions filed statewide since the law took effect, about 95% have been granted by a District Court Judge.  In most of the cases Judge Levy has handled, defendants were in agreement with the need for a firearm protection order.

More than half of the firearm petitions have been filed in Bernalillo County. The reason for that is that the Albuquerque Police Department has a crisis intervention unit that uses the law as a tool for removing guns from individuals with mental health issues who have made violent threats.

New Mexico had the nation’s third-highest gun death rate as of 2021, and gun-related hospital emergency department visits in the Albuquerque metro area increased by 22% over a recent two-year period. However, preliminary data from the state’s Office of the Medical Investigator shows gun-related homicides and suicides were down last year compared to the previous year.

https://www.abqjournal.com/news/new-mexicos-red-flag-gun-law-being-utilized-more-but-could-be-retooled/article_6e3ae17a-5a6e-11ef-bb18-93c65e9a81a6.html

An “extreme risk order” is an extension of the 2019 New Mexico legislative law prohibiting gun possession by someone who’s subject to an order of protection under the Family Violence Protection Act where domestic abusers must surrender their firearms to law enforcement. Gun possession prohibition also applies to people convicted of other crimes. Currently, 21 states and the District of Columbia have red flag laws on their books.

The New Mexico suicide rate is 21.9 deaths per 100,000 people, which is more than 50% higher than the national average. Ten counties in New Mexico have suicide rates at least twice the national average. Current statistics are one in three N.M. women will experience domestic violence in their lifetime. New Mexico has ranked among the top 10 states with the highest rates of women killed by men during the last decade.

HOUSE BILL 12

Since the red flag gun law took effect, several changes to it have been proposed as a way to make the law less cumbersome. Those changes have failed in past legislative session. This year, the proposed changes are embodied in House Bill 12.

House Bill 12 would clarify that law enforcement officers can directly initiate a court petition  instead of being forced to waite  for someone else to contact them.  Rep. Christine Chandler, D-Los Alamos, one of the measure’s sponsors said this:

“There’s an ambiguity in the law that we’re trying to address.”

The bill would also require that firearms be relinquished immediately upon a judge’s order, instead of within 48 hours.

Backers of the change say the 48-hour requirement puts law enforcement officers and others, including the subject of the order, at increased danger.

Several law enforcement officials testified in support of the changes during the committee hearing, including State Police Deputy Chief Carolyn Huynh,  former Taos County Sheriff,  who said this:

“I think we should all agree that certain people shouldn’t have firearms or have access to firearms.”

Critics of  House Bill 12 raised concerns about rogue law enforcement officers possibly abusing their expanded authority under the bill, while also renewing critiques about the underlying law itself. Anthony Sergura of the New Mexico Shooting Sports Association said this:

“Such drastic measures not only infringe on the rights of law-abiding citizens, they also infringe on due process.”

The red flag gun law, officially known as the Extreme Risk Firearm Protection Order Act, was used infrequently in the two years following its 2020 approval. But utilization of the law increased over the last two years as law enforcement officers have received more training on its workings.

New Mexico had the nation’s third-highest gun death rate as of 2022, behind only Mississippi and Louisiana, and gun-related hospital emergency department visits in the Albuquerque metro area increased by 22% over a recent two-year period.

Statewide, the number of temporary firearm seizure petitions filed by law enforcement agencies has jumped from 3  petitions in 2021 to 90 petitions last year, said Rep. Joy Garratt, D-Albuquerque. Of those 90 petitions, 86 were ultimately granted by a judge, she added.

However, the number of gun-related homicides and suicides in New Mexico decreased in 2023 compared to the previous year, according to data from the state’s Office of the Medical Investigator.

The link to the quoted or relied upon news source is here:

https://www.abqjournal.com/news/article_a6c921f4-ddb9-11ef-ab74-8762b08ef83d.html

https://www.abqjournal.com/news/article_a6c921f4-ddb9-11ef-ab74-8762b08ef83d.html

https://www.abqjournal.com/news/article_f70c71a8-d449-11ef-b059-d7bb40f5b874.html?fbclid=IwY2xjawIHrOlleHRuA2FlbQIxMQABHSowa_mASp4_O9v3fSgu74qZ_ITfv1E1yS5pYHkbueJZ0-Zi7HWVEy18Gg_aem_5Z0wuLwnLWUjHxxv2iJoRg#tncms-source=home-featured-7-block

COMMENTARY AND ANALYSIS

New Mexico’s red flag gun law continues to generate heated debate nearly five years after its 2020 approval.

Democrats have a commanding 43-26 majority in the House and a 26 to 16 majority in the Senate. The biggest problem every year is the amount of time wasted to get legislation through the committee process which results in major legislation failing. Republicans consistently rely on the filibuster in the last few days of the session to kill Democrat initiatives remaining to run out the clock and the Democrats have only themselves to blame given their majorities in both chambers.

It’s not clear when the full House might debate House Bill 12, but legislature is at the the halfway point before it adjourns. There’s still plenty of time for it to clear the Senate before reaching the governor’s desk

The link to a related blog article is here:

2025 New Mexico Legislature Update: Public Safety Measures Again Front And Center During Legislative Session; 2025 Session Likely Last Time To Get Passage Of Public Safety Measures While Gov. MLG In Office

On January 21, New Mexico Gov. Michelle Lujan Grisham delivered her 2025 State of the State address to begin the 60-day legislative session.  During her address, the Governor told legislators this:

“Everyone in this room knows that crime is out of control in New Mexico. Even our public safety professionals agree, we’re in a state of crisis…the violent crime rate in New Mexico is twice the national average. Addiction is rampant. And we’re clearly struggling to protect New Mexicans from this madness. … I recognize that the issues that plague us are rooted in poverty, inequality and generational challenges long neglected. …  But our crime problem destabilizes the very communities we seek to empower. It threatens the very prosperity of our state, in which we have invested so much. We cannot and we must not let this continue. We need the tools to overcome this challenge. We can respect civil rights and protect the right of every family to live safely, the right of small businesses to conduct commerce securely and the right of our children to grow up in communities free from danger.”

Governor Lujan Grisham has said she does not agree that New Mexico’s high violent crime rate is due more to a lack of enforcement of existing laws than a need for tougher laws.  The Governor said this:

“Frankly, even if that was true, we have a crisis. …  And you better do everything in your power to address that crisis, otherwise, I don’t know how you look families in the eye.”

Lujan Grisham pointed to data shared by the nonpartisan nonprofit Council of State Governments Justice Center that shows New Mexico’s violent crime rate in 2023 was 21% higher than a decade earlier and twice the national average.  The governor cited the intersection between poverty, homelessness, mental health, addiction and crime, saying the state needs to invest more in programs to help people become stable, productive members of society.

Last year, the governor held town halls in Alamogordo, Las Cruces, Gallup, Raton and other cities. The message delivered to her was clear: People don’t feel safe. The governor outlined  in her State of the State address several of the proposals she will push lawmakers to adopt during the legislative session.  Her priorities include the following:

• Toughening penalties for people with felony convictions who illegally possess firearms.
• Sentencing for criminals who traffic deadly drugs like fentanyl.
• Calling for the mandatory “civil commitment for those who need treatment the most.” The governor said she wants to “reform criminal competency laws that let too many dangerous people remain on our streets.”
• Pushing for a tax rebate for businesses “to help businesses foot the cost of security personnel and equipment until we can get our crime epidemic under control.”

RESPONSES TO GOVERNOR’S PROPOSALS

Following the governor’s State of the State address, Republican leaders held a news conference to respond to Governor Lujan Grisham’s proposals.  Republican leadership said they appreciated her new tough-on-crime agenda, but they said they have proposed such legislation the entire time  she has been governor and without any action by the Democratic controlled legislature.  The Republican leadership said her speech focused too much on behavioral health spending, which they described as throwing more money at solutions that will be slow to develop.

ACLU REACTS

The American Civil Liberties Union of New Mexico objected to the push for stiffer criminal penalties saying lawmakers should focus instead on preventive measures. Lena Weber, the interim policy director at the ACLU of New Mexico, said this:

“[The ACLU was] disappointed to hear the governor yet again propose policies that will fuel mass incarceration in our state and harm our communities. Longer sentences and coerced treatment aren’t the solutions our state deserves. We urge the governor and the Legislature to reject harmful proposals and instead double down on the real solutions that the governor and lawmakers have already proposed that will offer stability and safety by investing in housing, healthcare, education and jobs.”

Lena Weber  said the organization was “encouraged” to hear the governor’s commitment to taking bold steps to reduce homelessness and improve access to behavioral health care. Weber described  them as “the real solutions we need to build lasting community safety for all New Mexicans – not more of the same ‘tough on crime’ approach that has failed our state for years.”

INTRODUCED LEGISLATION

More than 40 bills dealing with crime and criminal penalties have  been filed since the start of New Mexico’s 60-day legislative session. Some lawmakers say there’s a greater sense of urgency to address crime this year amid a spike of violent crimes involving juvenile offenders. The following are a few of the major bills introduced:

• Senate Bill 32: Creates it a fourth-degree felony of possession of a stolen firearm.
• Senate Bill 70: Amending it a state racketeering law to include human trafficking and other crimes.
• House Bill 165: Making it easier to hold defendants accused of certain violent crimes in jail until trial.
• House Bill 166: Increase the criminal penalty for convicted felons in possession of a firearm.
• Senate Bill 166: Changing the definition of dangerousness in state’s laws dealing with involuntary commitment for individuals with mental illness.
• Senate Bill 95: Making  it a capital crime to sell fentanyl to anyone who subsequently dies due to an overdose.

OTHER  LEGISLATION OUTLINED

Republican State Senator Craig Brandt is sponsoring a bill that  would make it a felony to make a shooting threat.  House Representative Joy Garratt is also looking to push a similar bill through the House. It’s a bill Brandt has  tried to get through the legislature in the past. Sen. Brandt said this:

“It seems like a very common-sense thing. We have a felony if you call in a bomb threat … a shooting threat is pretty much the same alignment.”

A bill sponsored by Republican State Rep. Stefani Lord would make it legal to carry a firearm, open or concealed, without a permit.   This is the second time she has sponsored the legislation. Rep. Lord  says 29 states already have made “permitless carry” legal. She added that those states have not seen an increase in crime rates. Rep. Lord said this:

“What we’re trying to do with this bill is codify the right of law-abiding citizens to carry a handgun and ensure equity for all of our New Mexico citizens, no matter what your income, age, or physical ability, so you can lawfully exercise your right to bear arms if you so desire.”

Albuquerque West Side Democrat Rep. Cynthia Borrego is sponsoring a bill to deal with vehicle thefts that would increase penalties. If passed, penalties for receiving, embezzling, or stealing a vehicle would increase for each additional offense and could be stacked together, so committing one of those other offenses along with stealing a car could make your sentence harsher. Currently, those crimes are less harsh standing alone.

HB107 would increase penalties for people who traffic drugs resulting in someone’s death.

GOVERNOR OUTLINES SUPPORT FOR PUBLIC SAFETY MEASURES

During a  January 28  news conference,  flanked by law enforcement officials and both Democratic and Republican lawmakers, the Governor expressed support for specific public safety and crime measures.  The Governor  said she does not agree that New Mexico’s high violent crime rate is due more to a lack of enforcement of existing laws than a need for tougher laws.  Lujan Grisham said this:

“Frankly, even if that was true, we have a crisis. … And you better do everything in your power to address that crisis, otherwise, I don’t know how you look families in the eye.”

Capital felonies under New Mexico law include first-degree murder and are punishable by life in prison without the possibility of parole. The Governor said she supports a proposal that would make it a capital felony for anyone convicted of selling fentanyl to another person who dies of an overdose. Lujan Grisham described the bill, which is sponsored by Republican Sen. Crystal Brantley, R-Elephant Butte, as a “powerful” proposal.

Governor Lujan Grisham  indicated her support for  House Bill 4 that would change New Mexico’s judicial procedures for cases involving defendants with mental illness. Rep. Christine Chandler, D-Los Alamos, the bill’s sponsor, said voluntary treatment is still preferable for defendants who are willing to seek it, but said some individuals need a “push” to get help. Chandler said this:

“I feel confident that it’s the right approach to address the concerns we’ve all been hearing since the summer.”   

During the January 28 press conference Sen. Craig Brandt, R-Rio Rancho, applauded the governor for working with Republicans and Democrats alike on public safety issues. Brandt said this:

“Crime is all over this state. … It’s no longer just an Albuquerque problem and I’m tired of hearing that.”

GOVERNOR APPLIES PRESSURE TO GET LEGISLATION PASSED

Gov. Michelle Lujan Grisham is applying  pressure on state lawmakers to fix public safety issues during the 60 day legislative session which will be her very last as Governor. Democrats, Republicans, law enforcement officials, and other state leaders are on the same page, but has always been the problem, improving public safety and actually doing something are two very different things.  Consequences, intervention and prevention are areas the governor and legislative leaders are trying to tackle at the same time.  House lawmakers are working on two key public safety proposals. One would expand New Mexico’s red flag law to make it easier for law enforcement officers to use. The other is reworking the state’s criminal competency laws.

CRIMINAL COMPETENCY LAWS

It is reworking the state’s criminal competency laws that is clearly the most complicated proposal. It would give the courts more options when suspects are deemed incompetent to stand trial.  A lot of those suspects are simply released back on the streets, and the proposed legislation could make it easier to get those suspects into behavioral health treatment programs which is something the governor says they just aren’t doing on their own.

Governor Lujan Grisham has expressed openness to expanding New Mexico’s behavioral health system for individuals with mental illness or substance abuse disorders. The governor says the mentally ill are not seeking mental health care on their own.  The Governor said this:

“I have yet to see that occur in any community in the state. In fact, the data suggests, pretty unequivocally, rarely, if ever, do they get the help or stay in a treatment program so that they can be fairly supported and get out of this revolving door crisis. … We aren’t going to vilify poverty or mental health issues. …  But we aren’t going to tolerate … criminality anywhere in the state.”

The goal is to close the so-called revolving door when it comes to behavioral health care treatment and competency.  Democratic state lawmakers are saying they have spent extra time making sure their proposal does not violate New Mexican’s civil liberties.

Leading Democratic legislators  are proposing the creation of a $1 billion behavioral health trust fund  to underwrite future spending on addiction and mental health treatment to rein in crime and homelessness. Companion legislation would  compel some people to receive treatment.

Lujan Grisham also voiced her support for holding people who are deemed dangerous in custody pending trial and toughening laws to ensure repeat offenders are held accountable. She said it’s a small group of repeat offenders who wreak a large percentage of havoc. The Governor said this:

“We cannot, we must not let this continue. … We need the tools to overcome this challenge.”

INCREASING PUNISHMENTS

Increasing punishment for certain crimes is part of the public safety proposals. The governor is  backing efforts to increase the punishments for the following criminal offenses:

• Fentanyl trafficking.
• Human trafficking.
• Shooting from a motor vehicle.
• Increasing penalties for possessing a stolen gun.
• Increasing penalties for convicted felons caught with guns.

CHANGES TO JUVENILE JUSTICE LAWS

There is a bi-partisan push to rewrite New Mexico’s juvenile justice laws as embodied in the Children’s Code to make sure violent teen suspects are held accountable. The push is being spearheaded by Democrat  Bernalillo County District Attorney Sam Bregman.  DA Bregman has said  that overall violent crime appears to be trending down in New Mexico. However, he has said violent juvenile crime is “out of control,” saying 25 defendants under age 18 are currently detained and facing murder charges in New Mexico. Bregman said this:

“Juveniles without consequences who later commit murder or violent crimes happens every single week in Bernalillo County. … We have to do some things so they learn when they first enter the criminal justice system that their conduct of violating certain laws and norms cannot continue without a consequence. Therefore, they learn it, because we’re not at the end of the day.”

PROPOSED CHANGES TO CHILDREN’S CODE OUTLINED

Bernalillo County District Attorney Sam Bregman has  said  that from January of last year to November of this year there have been 1,448 juvenile cases. This includes 24 homicides, 386 cases involving firearms, 49 armed robberies, and 44 rapes. He said from 2022 to 2023, there’s been a 57% increase in cases that involved kids with guns. However, in the first ten months of 2024, there was a 37.5% decrease in juvenile felony gun crimes compared to the same time in 2023.

In response to the juvenile violent crime rates, Bregman’s office has developed a list of 36 amendments to the Children’s Code and the Delinquency Act.  These changes include expanding the types of crimes where juveniles can be charged as adults, extending the jurisdiction of juvenile services to 25 years old and expanding youth gun restrictions. Bregman is proposing a 64-page bill with proposed amendments to the children’s code to crack down on youth crime.  The proposed changes are all aimed at making sure there’s proper guardrails for juvenile criminals.

The proposed changes to the Children’s Code and Delinquency Act Bregman has listed are the most important are:

• Expanding the definition of “Serious Youthful Offender” to include second degree murder, voluntary manslaughter, criminal sexual penetration (rape), armed robbery with the use of a firearm, shooting at or from a motor vehicle causing great bodily harm or death, and shooting at dwelling or occupied building causing great bodily harm or death.
• Extending the age of possible imprisonment for “Youthful Offenders” from 21 to 25 years old. As the law is currently written, once a juvenile offender turns 21, in most cases, the criminal justice system automatically loses jurisdiction. Extending jurisdiction to age 25 would provide more time to get youthful offenders to get the treatment and supervision they need, while also monitoring the progress they are making.
• Making it a felony for unlawful possession of a firearm for people under 19 to have any guns, including rifles, and not just handguns. Right now, it is illegal for anyone under the age of 19 to be in possession of a handgun. However, it is not illegal for anyone under the age of 19 to possess an assault rifle. The law would be updating language from “handgun”to “firearm,”which will include assault rifles. Bregman is also proposing to increase the penalty for this crime from a misdemeanor to a fourth-degree felony.
• Moving a person to an adult facility once they reach the age of 18.  Bregman believes that when a juvenile convicted of a violent crime turns 18, they should go to an adult facility because he does not want an 18-year-old in custody with a 13-year-old.
• Remove the use of the “Risk Assessment Tool” to determine if a child is to be detained and allow prosecutors to file charges without having to first consult the juvenile probation office. Bregman said detention risk assessments also often stand in the way of holding young people who have been arrested, adding the assessments fail to give judges enough discretion and law enforcement officers enough credit as people with firsthand knowledge of a crime.  Bregman said this:  “I say that if a police officer determines that that person needs to be arrested at the time, they need to be booked into the [detention center], and within 24 hours or so, a judge needs to hear and determine whether or not that person should be detained pending adjudication of the charges”.
• Unsealing juvenile records during certain court hearings proceedings. This would consist of removing the secrecy laws that seal juvenile records from public review for the most serious offenders. This would allow juvenile records to be used during any adult conditions of release or sentencing hearing without having to obtain a court order to unseal the records. Every judge has the right to know and consider if the person in front of them has a violent past when determining conditions of release or sentencing. This change would allow for additional information to be heard and considered and will ultimately promote public safety.
• Requiring judges to preside over juvenile detention hearings.
• Grant judge’s discretion on the length of probation or commitment terms based on  a juvenile’s history.

LEGISLATURE PUSHBACK

The governor has faced major pushback from lawmakers in her own party for her public safety ideas before. Last year, the Governor called a special session to deal with and enact specific public safety legislation. The special session lasted one day and not a single bill she proposed was enacted.  Lujan Grisham said many bills have been improved since a special session last summer. The Governor said this:

“What came to light is none of us, including my office, were really looking at the data about what was happening in our communities.”

It is more likely than not all public safety measures will have to survive the Senate Judiciary Committee, where Democrats have repeatedly shot down public safety bills dealing with pretrial detention where defendants charged with serious felonies be held until trial.  Opposition has been over constitutional concerns.

New Mexico State Senate Judiciary Committee Chairman Joseph Cervantes, Democrat from Las Cruces, has been the biggest impediment to enactment of public safety measures to reduce crime.  Over the past 3 legislative sessions in particular, many public safety measures such as gun control measures and pre-trial detention measures to jail defendants until trial have been referred to his committee only to be voted down. Cervantes has said this in reaction to the city’s high crime rates:   

“High crime rates are an Albuquerque problem. …  I’ve said for years, with lots of opposition, that Albuquerque crime is attributable to an utter lack of accountability and leadership, and outright corruption, which the public and media tolerate. No new laws can solve this.” 

The governor suggested lawmakers should consider enacting  a number of  proposals into one massive public safety bill known as an omnibus crime bill. Lujan Grisham said this:

“Maybe the benefit of those debates for those years, allows New Mexico not to nibble again at the edges and do one or another, but an omnibus package, which we haven’t done, I don’t think in decades. You know what? I’ll take that 1,000% of the time, because that will erode this crisis and do something about it faster than one or two pieces of legislation at a time.”

Legislative leaders have confirmed they want to get through major public safety proposals in the first 30 days of this session. However, there has been no mention of and omnibus package.

COMMENTARY AND ANALYSIS

This year, Democrats have a commanding 43-26 majority in the House and a 26 to 16 majority in the Senate. The biggest problem every year is the amount of time wasted to get legislation through the committee process which results in major legislation failing. Republicans consistently rely on the filibuster in the last few days of the session to kill Democrat initiatives remaining to run out the clock and the Democrats have only themselves to blame given their majorities in both chambers.

If there was ever a realistic chance for the New Mexico Legislature to enact major public safety measures, 2025 is the year to do it. Lujan Grisham will have only one more Legislative session before she leaves office, but the 2026 session is a “short session” of 30 days and primarily focused on budgetary matters.  Democrat House and Senate leadership need to reach out to the Governor and ask for her support on all public safety legislation and get assurances she will sign it and not veto it in the end, otherwise they are wasting a lot of time.

Links to quoted or relied upon news sources are here:

New Mexico Gov. unveils sweeping public safety proposals

https://www.abqjournal.com/news/article_c7304700-ddab-11ef-bc9f-d3f95f99f6ac.html#tncms-source=home-featured-7-block

https://www.kob.com/new-mexico/state-lawmakers-focus-on-public-safety-plan/

https://www.abqjournal.com/news/article_c7304700-ddab-11ef-bc9f-d3f95f99f6ac.html#tncms-source=home-featured-7-block

https://www.manisteenews.com/business/article/new-mexico-governor-sets-priorities-for-20047957.php

On  February 3, the New Mexico Supreme Court issued an “Order to Show Cause” to prominent DWI criminal defense attorney Thomas Clear, III. Clear is being ordered to show cause by the NM Supreme Court why he should not be held in contempt of court and disciplined for his alleged nefarious conduct in the racketeering, bribery and kickback scheme to law enforcement officers to get DWI cases dismissed. 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, money orders, 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 .

The New Mexico Supreme Court has licensing authority over all lawyers licensed to practice law in the State. 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.

16-804 of the New Mexico Rules of Professional Conduct entitled Misconduct, 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.”

The New Mexico Supreme Court is giving 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. Chief U.S. District Judge Kenneth Gonzales has given Clear  30 days to respond in writing, and two weeks if he is charged with a crime.

FEDERAL INVESTIGATION

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.  All  those targeted with a search warrant are allegedly involved in a bribery and conspiracy scheme spanning a decade to dismiss DWI cases. Bernalillo County District Attorney Sam Bregman ordered the dismissal of over 200 DWI cases because of the scandal due to the main witness’ credibility being called into question which in all the cases are APD officers.

The bribery and conspiracy investigation has evolved during the last year into  the largest corruption case in APD’s history. A total of 12 APD Police officers have been implicated in the scandal. Seven have resigned during the Internal Affairs investigation, 3 are on paid leave and one has been terminated. One by one, the accused Albuquerque police officers have been turning in their badges and resigning rather than talking to Internal Affairs investigators about their involvement in the  scheme to dismiss DWI cases.

On January 24, Bernalillo County Sherriff John Allen announced that one BCSO deputy implicated was immediately placed on administrative leave.

The New Mexico State Police has not announced if any State Police Officer has been placed on leave in that  no State Police Officer has yet to be identified as being involved in the bribery and conspiracy scandal.

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 the 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 bribes consisting of cash, money orders, gifts, trips or free legal services.  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 admitted he helped orchestrate the scheme with law enforcement officers who would refer arrested drunken drivers to Mendez and defense Attorney Thomas Clear, III. 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.

The links to relied upon or quoted news sources are here:

https://www.abqjournal.com/news/article_86aca9da-e28d-11ef-8fd3-4f512fc126ab.html#tncms-source=home-featured-7-block

https://www.koat.com/article/albuquerque-new-mexico-supreme-court-dwi-scandal/63657743

https://www.krqe.com/news/albuquerque-metro/new-mexico-supreme-court-issues-order-for-attorney-thomas-clear/

COMMENTARY AND ANALYSIS

The filing of “Order To Show” pleadings by both the New Mexico Supreme Court and Chief U.S. District Judge Kenneth Gonzales were done “sua sponte”, 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.  For that reason, its more likely than not that Clear will respond to both the Court’s Order to Show orders by asserting his 5th Amendment constitutional right against self-incrimination and demand due process of law. In particular, its likely Clear will tell both courts he has not been charged, he has not been found guilty of any crime and that neither court can impose discipline until he is charged and found guilty. Both court’s will have to decide if they have enough evidence to go forward with discipline including but not limited to suspension or disbarment from the practice of law.

After over a year of front page news and investigation by the FBI and the Department of Justice, it was 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 proceeding filed by both courts  are  a first  good step.

Chief US Federal Judge Orders Defense Attorney Clear To Show Cause Why He Should Not Be Held In Contempt Of Court And Disciplined For His Role In APD “DWI Enterprise” Bribery Scheme To Dismiss DWI Cases; Clear’s Suspension Or Disbarment From Practice Of Law Real Possibility; United Sates Attorney Should Have Indicted All Involved With “DWI Enterprise”

The Albuquerque Journal has made major changes to its Editorial Opinion Page. The paper now features 5 types of opinion columns submitted for publication: those by the paper’s Editorial Board, those by the paper’s Community Council, those by Syndicated Columnists, those by Local Columnists and those by Local Voices.  “Local Columnists are tasked with carrying a heavy load of responsibility to help readers scrutinize issues impacting them, their community and their country. It is the Journal’s goal to publish columnists from all walks of life and varying political viewpoints to give readers exposure to all sides of local issues.”

On February 2,  the Albuquerque Journal published on its OPINION page the below “Local Columnist” guest column:

HEADLINE: “DWI Bribery Scandal Has Tarnished Our Criminal Justice System”

BY PETE DINELLI, LOCAL COLUMNIST

https://www.abqjournal.com/opinion/article_39c327dc-ddcb-11ef-9d4f-474ec6d25720.html

The links to 2 related Dinelli blog articles are here:

Feds Accuse APD, BCSO, State Police Of Racketeering In Bribery And Conspiracy Scandal To Dismiss DWI Cases; One Man Pleads Guilty To Charges Outlining Scheme; Charges Against Law Enforcement And Private Attorneys Still Pending; APD’s “Generational” Corruption

Chief US Federal Judge Orders Defense Attorney Clear To Show Cause Why He Should Not Be Held In Contempt Of Court And Disciplined For His Role In APD “DWI Enterprise” Bribery Scheme To Dismiss DWI Cases; Clear’s Suspension Or Disbarment From Practice Of Law Real Possibility; United Sates Attorney Should Have Indicted All Involved With “DWI Enterprise”