PAYING THE PRICE FOR HEIGHTENED ETHICS SCRUTINY - LEGAL DEFENSE FUNDSAND OTHER WAYS THAT GOVERNMENT OFFICIALS PAY THEIR LAWYERS

This article takes a comprehensive look at a problem of growing signif icance for government officials: how to pay the legal fees they incur when they or their colleagues are investigated for wrongdoing. Since W atergate, an increasing number of government officials have had to hir e attorneys when called before grand juries and legislative committees or subjected to internal administrative investigations. Their legal f ees often outstrip their government salaries or even their net worth. This article examines three existing mechanisms for government reimbur sement of legal fees-Justice Department regulations, the Independent C ounsel statute, and private legislation-and identifies the shortcoming s of each. It then explores the legal status of legal defense funds, w hich top officials have used to raise millions of dollars to pay their legal fees. Finally, the article identifies several reforms that woul d treat government officials much more fairly and protect against corr upting influences.