Zachary A. Ives

Zachary A. Ives

Partner
Location:
Albuquerque, New Mexico
Phone:
505-273-3064
Email:

In seventeen years of practice, Zach has worked as a law clerk in the New Mexico Supreme Court, has litigated criminal and civil cases in federal and state courts, has handled appeals in the United States Supreme Court, the United States Court of Appeals for the Tenth Circuit, the New Mexico Supreme Court, and the New Mexico Court of Appeals, and has appeared on behalf of clients in various administrative proceedings.

Criminal defense

For several years, Zach’s peers in the legal community have selected him for inclusion in Best Lawyers in America and Super Lawyers in white-collar criminal defense.  In 2015, based on a survey of other lawyers, Best Lawyers named him Lawyer of the Year for Albuquerque in white-collar defense.

 He represents people and companies when they become involved in criminal investigations—whether as targets, subjects, or witnesses—and also defends them if the government chooses to charge them with criminal offenses.  He has worked on a wide variety of matters, including alleged health care fraud, political corruption, cybercrimes, drug possession and trafficking, firearms and other weapons offenses, violent crimes, and immigration offenses.

Some examples:

  • Dismissal of felony health care fraud charges against company CEO
  • Dismissal of felony campaign finance charges against former Public Regulation Commissioner
  • Dismissal of felony health care fraud charges against therapist
  • Federal prosecutor declined to bring perjury and obstruction of justice charges against prominent businessperson
  • Successful representation of healthcare company in fraud investigation
  • Successful representation of client in federal pay-to-play investigation
  • Petty misdemeanor plea for client charged with felony cybercrimes
  • Not guilty verdicts for police officer charged with crimes for conduct on duty

Appeals

Zach uses his strong research, writing, and analytical skills, as well as his experience an appellate court law clerk, to his clients’ advantage in criminal and civil appeals in both federal and state courts.

Some examples:

  • Gonzales v. O Centro Espirita Beneficente Uniao do Vegetal, 546 U.S. 418 (2006). The United States Supreme Court decided the case unanimously in favor of the client Zach and his co-counsel represented: a small church seeking to prevent the federal government from interfering with its religious practices.
  • State v. McClaugherty, 2008-NMSC-044, 144 N.M. 483, 188 P.3d 1234; The New Mexico Supreme Court barred the state from continuing to prosecute client because of egregious prosecutorial misconduct.
  • State v. Villa, 2004-NMSC-031, 136 N.M. 367, 98 P.3d 1017. The New Mexico Supreme Court reversed convictions of client charged with white-collar offenses.
  • In re Sealed Case, 310 F.3d 717 (Foreign Surveillance Ct. of Rev. 2002).  Assisted in representing the National Association of Criminal Defense Lawyers as amicus curiae in the first case ever decided by the Foreign Surveillance Court of Review.

Administrative proceedings

Zach also handles administrative investigations into suspected misconduct and related administrative proceedings. These matters include professional discipline, debarment actions involving government contractors, and security clearance matters..

Internal Investigations

Zach conducts internal investigations for companies concerned about potential misconduct by their employees.

Civil rights

Zach has been recognized as a cooperating lawyer of the year for the American Civil Liberties Union of New Mexico. He seeks compensation for the victims of police misconduct, fights to protect his clients’ rights to freely exercise their religion and to freely express their ideas, and works to improve jail conditions through class action litigation.

Some examples:

  • $720,000 jury verdict for innocent client arrested and prosecuted for DWI
  • favorable settlement for client who was repeatedly shocked with a Taser and prosecuted for battery on police officer

Guardian ad litem

Courts frequently appoint Zach to serve as guardian ad litem to protect vulnerable people in litigation. This includes: examples:

  • assisting courts in determining whether proposed settlements entered into on behalf of children are in the children’s best interest
  • representing allegedly incapacitated adults in adult guardianship and conservatorship cases

Appointments by State and Federal Courts    
     
New Mexico Supreme Court, Uniform Criminal Jury Instructions Committee, Chair, 2006–2011, and Member, 2003–2006

United States Court of Appeals for the Tenth Circuit, Criminal Justice Act Appeals Panel, Member, 2006–present

United States District Court for the District of New Mexico, Criminal Justice Act Felony Panel
Member, 2006–present

Year Joined Firm

  • 2012

Areas of Practice

  • Civil Rights
  • Personal Injury
  • Criminal Law

Bar Admissions

  • New Mexico, 2000
  • U.S. District Court District of New Mexico, 2001
  • U.S. Court of Appeals 10th Circuit, 2001
  • U.S. Supreme Court, 2005
  • U.S. Court of Appeals 7th Circuit, 2008

Education

  • University of New Mexico School of Law, Albuquerque, New Mexico
    • J.D. magna cum laude - 2000
    • Honors: Order of the Coif
    • Honors: Julia Raymond McCulloch Memorial Award for Constitutional Law
    • Honors: Jerrold J. Walden Award for Overall Academic Performance
    • Honors: Alumni Writing Prize
    • Honors: Thesis Honors
    • Honors: Clinical Honors
  • Vassar College
    • B.A. - 1995
    • Honors: With Honors
    • Honors: Phi Beta Kappa

Representative Cases

  • Gonzales v. O Centro Espirita Beneficente Uniao do Vegetal, 546 U.S. 418 (2006)
  • State v. McClaugherty, 2008-NMSC-044, 144 N.M. 483, 188 P.3d 1234
  • State v. Villa, 2004-NMSC-031, 136 N.M. 367, 98 P.3d 1017
  • In re Sealed Case, 310 F.3d 717 (Foreign Surveillance Ct. of Rev. 2002)

Honors and Awards

  • Best Lawyers in America, White-Collar Criminal Defense
  • Lawyer of the Year, Best Lawyers, Albuquerque, White-Collar Defense
  • Super Lawyers, White-Collar Defense
  • Cooperating Attorney of the Year, American Civil Liberties Union of New Mexico, 2008 - Present

Professional Associations and Memberships

  • New Mexico Supreme Court, Uniform Criminal Jury Instructions Committee, Chair, 2006 - 2011
  • New Mexico Supreme Court, Uniform Criminal Jury Instructions Committee, Member, 2003 - 2006
  • United States Court of Appeals for the Tenth Circuit, Criminal Justice Act Appeals Panel, Member, 2006 - Present
  • United States District Court for the District of New Mexico, Criminal Justice Act Felony Panel Member, 2006 - Present

Past Employment Positions

  • Freedman Boyd Hollander Goldberg Ives & Duncan PA
  • Honorable Pamela B. Minzner, Chief Justice of the New Mexico Supreme Court, Law Clerk