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Senator Seeks to Pay Legal Fees With Campaign Funds
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"While in one sense it would undoubtedly promote the success of the candidacy to be acquitted of the robbery charge . . . there is no nexus between the charge of armed robbery and the candidacy," the opinion said.
Raquel Guillory, a spokeswoman for the attorney general's office, said the 1993 opinion still guides the office on the issue.
A defendant "can use campaign funds if he is accused of violating campaign finance laws but not other crimes having nothing to do with his campaign," she said.
In his letter, Currie suggests a link between his campaign prospects and his need for legal defense.
"In order to maintain my viability as a candidate in future elections, it is important that I must defend myself during the course of this investigation," he wrote. "Additionally, my need to counsel in this investigation would not have occurred but for my successful election as a candidate to the General Assembly."
Lawmakers in Maryland are also tightly constrained in their ability to form legal defense funds. According to a 1992 opinion by the Joint Committee on Legislative Ethics, legislators can accept donations to pay for legal fees but cannot solicit them.
They are also prohibited from accepting donations from certain people, including lobbyists or any person whose financial interest is greater than the general public's in business conducted by the General Assembly.
"They face fairly restrictive conditions," said William G. Somerville, the General Assembly's ethics counsel. Somerville would not say whether Currie has asked for advice on the creation of a defense fund, citing the confidential nature of communications with legislators.
Currie's request will be turned over to the attorney general's office for review, said Jared DeMarinis, the election board's candidacy and campaign finance director.
