Defense attorney denies involvement in DWI scheme
Chavez was asked by the state Supreme Court a week ago to respond to a petition seeking his suspension from the practice of law because of his alleged link to the federal racketeering case.
The ongoing investigation by the FBI has so far resulted in guilty pleas from three former Albuquerque police officers, including Honorio Alba Jr., and a former Bernalillo County Sheriff's Office deputy. Also pleading guilty were the two leaders of the conspiracy, longtime Albuquerque criminal defense attorney Thomas Clear III, and his investigator Ricardo "Rick" Mendez.
Clear pleaded guilty to five federal charges, including conspiracy, racketeering, bribery and extortion on Feb. 12, but never mentioned in his detailed plea agreement that any other lawyer was involved in the scheme. Chavez has not been charged.
Federal records show the scheme went undetected for years even though law enforcement officers deliberately missed court dates and hearings or failed to provide pretrial discovery for DWI cases they filed. After detaining the DWI suspects, the officers would forward the names and phone numbers of people they arrested to Mendez, who would contact the clients and charge high fees for ensuring their DWI cases would be thrown out of court because of the officers' malfeasance. Federal prosecutors have called the scheme the "DWI Enterprise."
The petition to the Supreme Court was filed by Anne L. Taylor, the chief disciplinary counsel for the Office of Disciplinary Counsel of the New Mexico Supreme Court Disciplinary Board. The board oversees investigations of misconduct by attorneys and the unauthorized practice of law.
As grounds for Chavez's suspension, Taylor noted that two defendants, Mendez and Alba, mentioned in their plea agreements that a second lawyer was involved in the scheme, and that the attorney had represented a DWI suspect with the initials Z.W. who was arrested by Alba. But the second lawyer was never named in the public court filings.
The disciplinary counsel's petition states that "upon information and belief," attorney Chavez is the party Mendez and Alba made reference to in their plea agreements.
But in his response filed Monday, Chavez said he represented defendant Z.W., but stated that "none of the features of the DWI Enterprise are present in that case."
And he noted that Clear's plea agreement never mentioned him as a participant in the bribery scheme. Chavez stated that there was no basis for a suspension of his law license.
Moreover, Chavez's response stated, "Upon information and belief, Mr. Clear has denied (Chavez's) involvement in the subject matter related to the federal prosecution." Both men have operated their own law firms, and sometimes collaborated on cases, court records show.
Clear, 67, is awaiting sentencing and has been disbarred by the state Supreme Court.
Former DWI officer Alba, who pleaded guilty to racketeering among other federal charges, stated in his plea agreement filed Feb. 7, that he worked "in concert" with Mendez, Clear and "another Albuquerque defense attorney" to ensure a man he arrested in April 2023 avoided criminal and administrative consequences related to his offense.
The disciplinary counsel petition states that Chavez represented client Zachary Williams in that case and noted that Alba was the arresting officer.
Alba's plea agreement also stated 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.
"Given the length and nature of the enterprise and the allegations against (Chavez), as well as the hundreds of dismissed DWI criminal cases as a result of the enterprise, the continued practice of law by (Chavez) will result in the substantial probability of harm, loss or damage to the public," the counsel's petition stated.
Chavez, who served as an assistant county attorney from 1989 to 1993, started his firm in 1993. He practices criminal and civil law.
Chavez hasn't returned Journal phone messages, but told the Supreme Court in his written response that Williams hired him after doing a Google search, not because of any solicitation by Clear or Mendez. Records show Williams' DWI charge happened to be dismissed in January 2024 on the day trial was scheduled.
But that was because it was among more than 250 other DWI cases state prosecutors dismissed because they involved law enforcement officers under investigation related to the DWI scheme.
It wasn't clear Monday afternoon when the Supreme Court might decide the disciplinary case.
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