Court disbars controversial Albuquerque lawyer
Justices say Venie committed several serious violations
SANTA FE — An attorney who has made headlines numerous times for his courtroom behavior as both a lawyer and defendant — he once shot a homeless man in the leg — and the number of times he’s been sanctioned for lawyerly misbehavior, finally met the end of his legal career on Wednesday after the New Mexico Supreme Court voted to disbar him.
After more than an hour of hearing and consideration, the five justices ruled that David “Chip” Venie of Albuquerque had committed several serious violations, primarily that he inappropriately took almost $90,000 from a client while claiming it was owed to him, that he had offered to help a second client pay off witnesses and, finally, that he had revealed confidential information when that client sued him, also over money.
Venie tried to convince the justices that he was entitled to the money from a former client and his mother, who in 2012 had wired $100,000 to Venie to post bond for her son, charged with sexual exploitation of a child and attempted rape of a child. Once the case was dismissed, the mother sought the bond money but Venie submitted an invoice to her for an additional $89,000 and returned only $10,000 of it, according to court records and testimony at the hearing.
Several years later, he represented a man named Leon F. Alford after he was charged in several cases with incest and child rape.
During that representation, Venie recorded a conversation with Alford in which the two are heard discussing how to pay off witnesses and Alford’s guilt.
After Venie won the cases for Alford, Alford sued him over overbilling. During that civil suit, Venie shared details of that legally protected private conversation in which the client admitted to raping his granddaughter. Venie argued on Wednesday that he shared that information in court proceedings to try to discredit the lawsuit, as is his right.
Justices on Wednesday slammed Venie for offering to help pay off witnesses in the Alford case and for breaching the attorney-client privilege.
“We find substantial evidence” that these violations occurred, Chief Justice
Charles Daniels told Venie. “We think that any one of these ... would justify disbarment.”
Only about a handful of disbarment cases are presented to the court annually.
In addition to disbarment, the court ordered Venie to refund $89,000 to one of his clients and pay $7,998 for the expenses incurred by the Disciplinary Board investigators and attorneys. The board is in charge of receiving, investigating and prosecuting complaints of lawyer misconduct.
Jane Gagne, assistant disciplinary counsel, told the justices that Venie’s was a “very serious case” and that his disclosure of confidential information was “nothing but vengeful.”
It was Venie’s final, but not his first, major appearance for discipline.
He was also barred from acting as his own attorney in the last of three criminal jury trials he faced for shooting a homeless man in the leg in 2012, which he said was self-defense. He was eventually acquitted.
Venie declined to comment after the disbarment hearing.