With the rise of criminal prosecutions of elected officials, most notably the trial and impeachment of Illinois’ governor, Rod Blagojevich, many politicians are worrying about the necessity of setting aside funds for criminal investigations and prosecutions. Even if an official is proven innocent in a court of law, he or she can still be left with thousands of dollars to pay in legal fees. This has caused many to question where this money can come from.
According to state and federal laws, money from campaign funds cannot be used for any purpose that is not an “ordinary and necessary expense.” This means that criminal prosecutions cannot come from this source. According to a state law, which was created in New Jersey in 1993, “Even in an era when public officials are being called with increasing frequency to answer criminal charges of corruption in office, their legal defense costs could hardly be described as an 'ordinary expense of office-holding.”
Instead of using money that was raised during an election campaign, officials are now allowed to set up specific criminal defense funds, and either ask for donations or contribute their own personal assets to the pot.
