Criminal defense attorneys have tough jobs that can be difficult to gain sympathy for. The recent controversy with New York State Governor Andrew Cuomo using campaign funds to pay his lawyer's fee does not help. While it is common and legal for politicians to use campaign funds to hire a personal criminal defense lawyer, Cuomo is using the funds to pay for the legal services of the entire governor's office. Financial responsibility is in question as Cuomo keeps this lawyer on retainer.

The Moreland Commission Investigation

Cuomo hired a criminal defense attorney after a federal investigation into Cuomo's ethics commission was opened. The Moreland Commission was created by the governor to investigate corruption in New York State. Once the Commission was disbanded, United States Attorney Preet Bharara opened an investigation into the unfinished cases of the Commission and why these cases were abandoned. After the Bharara investigation, the governor's office accused of witness tampering and obstruction due to alleged contacts with Commission members regarding the investigation.

Cuomo's Defense of the Taxpayer

The New York Public Interest Research Group is publically pushing for the laws to be changed to dictate that the only use for campaign contributions should be campaigns. Other political figures around New York have taken this stance as well, noting that hiring a criminal defense attorney with campaign funds for instances related to the campaign, such as petitions being contested should be the only criminal defense allowed. Cuomo's own political party has co-sponsored a bill to make the use of campaign money in payment of defense attorneys illegal. Since 2004, over $7 million of campaign money in New York has gone to the payment of legal fees of various legislators.

Under New York State law, taxpayers are required to pay for the governor's defense attorneys. Cuomo has stated that his use of campaign money was targeted at saving the taxpayer expense. Most controversy is focused on the use of the campaign money for the defense of the entire department and how this interferes with the legal right of the governor to publically fund his defense. The entire department would not need to be covered by taxpayer money. Cuomo is further defending the hire due to the nature of Bharara's investigation. Since no charges have been officially filed, the lawyer is on retainer as a consultant and advisor.