New Mexico Supreme Court suspends attorney wrapped up in DWI corruption case

A prominent defense attorney was suspended by the New Mexico Supreme Court on Tuesday over allegations that he paid officers to let his clients’ DWI cases get dropped.

Attorney Thomas Clear III “is hereby indefinitely suspended from the practice of law, effective immediately,” according to an order handed down Tuesday afternoon. With the decision, Clear is now effectively banned from practicing law in New Mexico. His attorney could not be reached Tuesday.

The suspension came amid a rough stretch for Clear.

In the last three weeks, his former paralegal and two Albuquerque officers have taken plea deals in a racketeering case, naming him as an accomplice; a federal judge demanded Clear explain why he shouldn’t be disciplined for his alleged role; and on Friday, prosecutors sought to seize his Northeast Heights law office for forfeiture, alleging it was the hub of a criminal enterprise.

After being asked to show cause of why he shouldn’t face discipline, Clear asked the federal judge 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 Clear asks to resign.

The developments all revolve around what federal prosecutors have called the “DWI Enterprise” — a group of officers taking bribes to let cases get dismissed since 2008 at the behest of Ricardo “Rick” Mendez, the paralegal, and Clear.

Former Albuquerque Police Department officers Honorio Alba Jr. and Joshua Montaño, in plea agreements signed last week, admitted that they took thousands in cash and gifts from Mendez and Clear, corrupted other officers and asked superiors to protect the scheme.

Clear hasn’t been charged criminally in the case, which came to light in January 2024 when FBI agents raided the law office of Clear, Mendez’s home and the homes of several officers, including Alba and Montaño.

APD launched its own internal probe after the raids and placed 12 officers on leave, 10 of whom have since resigned, retired or been fired. The Bernalillo County Sheriff’s Office has placed one deputy on leave in connection with the FBI’s case.

Because the involved officers’ credibility potentially could be questioned, 2nd Judicial District Attorney Sam Bregman’s office dismissed more than 200 DWI cases that were pending.