What is the Legal Defense Fund (LDF)?
The PORAC Legal Defense Fund was established for the protection of its members’ civil rights. The fund has also enhanced the ability of the PORAC Bar Association to provide legal representation in new and more effective ways. The initial $200,000 grant pledged by PORAC was supplemented by generous donations from PORAC members and sponsors. With those generous donations and the interest it has generated, PORAC has given more than $1,000,000 over the past 30 years.
The PORAC Legal Defense Fund was established in 1990 after the passage of California’s Proposition 115. The PORAC Legal Defense Fund was created to enable the PORAC Bar Association to represent members in criminal cases and protect their rights. Laws that seem to weaken the rights of peace officers are no match for the PORAC Legal Defense Fund. Prop . 115 sought to make it easier to prosecute police officers and prosecutors, themselves, were unsure whether they were covered by the provision. The PORAC board was not confident that the Prop. 115 changes were constitutional, so it sued to block the new law. The PORAC Legal Defense Fund was designed to collect money through which members can defend against judicial and administrative actions that could take away or impair their rights. For instance, in 1993, the PORAC Legal Defense Fund’s assistance helped settle a case that involved an officer with a drug conviction who claimed disability retirement. The Legal Defense Fund assistance resulted in the successful defense of that claim. Similarly, the legal assistance funded through the PORAC Legal Defense Fund assisted a member in having several traffic-related felony charges dropped after the member allegedly failed a sobriety test, according to the state’s roadside screening equipment.
Am I Eligible for the LDF?
The Legal Defense Fund is available to active members of PORAC, their spouse and/or their direct dependents. Members who retire in good standing and spouses and dependents of deceased members are also eligible. Where a spouse or dependent has been named as a co-defendant in litigation arising out of the member’s employment, the Legal Defense Fund will remain available to the member, his or her spouse and/or dependents until such time as their severability as defendants is judicially determined. Where the lawsuit is not based on constitutional right actions, the Legal Defense Fund is available to employees in the following capacities: The eligibility of all members will be determined by the PORAC Legal Defense Fund Board of Trustees.
LDF Eligibility and Coverage Information
The Fund is intended to provide legal defense for law enforcement officers and their professional organizations within the PORAC membership, including:
State/Federal/Education Criminal, civil, or administrative proceedings relating to the member’s performance of his/her primary occupation as a peace officer or probation officer, including necessary criminal proceedings in the Superior Courts, California State Courts of Appeal, as well as proceedings in the California Supreme Court.
Protection for members includes necessary civil or administrative proceedings brought by any federal governmental agency, state public agency or commission, State Board of Control matters, federal cases in district courts of the United States and any appeals originating therein. In all cases, the member must appear and participate at the request of counsel, including attorneys representing a law enforcement agency, governing body or commission and attend all hearings including proceedings before the State Personnel Board or relevant disciplinary board in order to receive the benefits enumerated above except under extraordinary circumstances.
The Fund also provides coverage against civil or criminal actions for purposes of defending an indictment or criminal complaint where the member claims to be acting within the scope of employment or in the course and scope of his or her duties as a peace officer or probation officer. Appearance before the Civil Service Board, Public Safety or Private Review Board, PeaceOfficer Standards and Training Commission, or the Federal Bureau of Investigation is not provided coverage under the Fund.
The Fund will not provide legal services for:
Coverage is not extended for any acts of a member involving the following:
Coverage is provided pursuant to the following provisions:
Once the member submits the proper paperwork, appointments with Fund to provide legal defense will be activated by the Legal Defense Administrator on his/her behalf, unless legal services are retained by the member on his/her own.
The Legal Defense Administrator and the Executive Board shall determine if the legal representation is adequate or should be supplemented.
Legal Defense Fund Application Process
Police officers in California and radical "de-policing" efforts are a mix that has created a growing legal challenge for law enforcement agencies. Lawsuits are being filed over routine traffic stops instead of police shooting deaths involving the use of deadly force. Lawmakers who are sympathetic to those filing excessive force lawsuits fail to realize that such acts are a violation of law and constitute grounds for termination not public policy. The PORAC Legal Defense Fund has expanded its scope to protect law enforcement officers as well as assist agencies in their defense against frivolous lawsuits. Here is how you apply for the fund: 1. The request must be made through the employing agency. 2. The member must have a membership in good standing with PORAC for at least 90 days. 3. If the member has less than six months on the job, the member must be a government employee and shall not be barred from participation according to the category dues they pay (Out-of-State Local Chapter, Out-of-State Gold Star, Associate, Life, or Honorary). 4. Should the member sue on their behalf where there is no coordination with the Fund concerning this action, the fund will not participate in the defense of the member. 5. The Fund is not intended to be used for legal defense where the officer has violated departmental policy, procedures, training requirements or is subject to criminal prosecution due to moral turpitude, false arrest, false imprisonment, etc.
LDF Successes and Testimonials
"During a particularly stressful moment, I was reassured knowing that the PORAC Legal Plan was there to protect my rights and interests. I truly appreciate that peace of mind."
– San Diego Police Officer
The PORAC Legal Defense Fund has provided high-quality legal representation to members for many years, winning landmark cases and protecting the rights and reputations of officers across California. Here are just a few examples:
ABLE v. City of Pomona—The PORAC Legal Defense Fund represented peaceful demonstrators critical of the Pomona Police Department. The state Court of Appeals ruled that Pomona had violated the protestors’ First Amendment rights by creating a detention/transitional center across from the Pomona Police Department. The ruling is a victory for free speech rights and sets an important precedent that factual situations can give rise to First Amendment violations.
Perea v. Horspool—The PORAC Legal Defense Fund represented a Lodi police officer when he was arrested and charged with 19 quality of life charges in his hometown of Stockton. The legal defense team successfully argued that his lack of knowledge about the ordinance at issue had been a mitigating circumstance in the arrest. The case set a precedent that a typical person could not have understood or been aware of Stockton’s confusing ordinances , which helped many of his fellow officers avoid similar charges.
Cortez v. Fresno County—The PORAC Legal Defense Fund represented a Fresno sheriff’s deputy who was the victim of unlawful search and seizure as part of the so-called "fake drug raid." The PORAC disaster action team successfully negotiated with the District Attorney, and the deputy received no jail time nor did he have to pay any restitution to the victims of the raid.
Davies v. Fresno—PORAC chose to represent a Fresno sheriff’s deputy who had been accused of bribery and extortion. Although his first attorney focused on poisoning the jury against the officer, the deputy’s PORAC attorney successfully argued that the officer had been set up in retribution for arresting the informant’s family member in a prostitution case.
Bruce Campbell v. City of Natomas—Represented by a PORAC attorney, a City of Natomas Police Officer was injured while arresting an intoxicated driver. PORAC is appealing the decision of a Sacramento County Superior Court Judge who ruled that the officer was not under the authority of the California Highway Patrol at the time of his injury, and therefore did not qualify for workers’ compensation under the "going and coming rule."
LDF FAQ
Frequently Asked Questions about the Legal Defense Fund by PORAC
Q: What types of incidents are covered under the Legal Defense Fund?
A: The Legal Defense Fund covers all criminal and civil charges that may arise in connection with the performance of an officer’s uniformed duties. This includes charges arising from both arresting and not arresting a suspect.
Q: How do I apply for the PORAC Legal Defense Fund and how long does it take to become a member of the fund?
A: To join the PORAC Legal Defense Fund, you must first become a member of your regional association. Once you have been voted in, you will receive an application from the fund. The Law Enforcement & Corrections Standards & Training Commission (LECSTC) approves membership on a state level, therefore once you are a member of a regional association you can apply for the PORAC LDF. Processing of the application takes about fifteen to twenty business days from the date that the syndicate receives the application.
Q: Can more than one member of my department apply for the Legal Defense Fund?
A: Yes, as long as both officers are members of their respective regional associations and are approved by the LECSTC.
Q: If I am a member of the Legal Defense Fund and I make the decision to resign from my agency and work for a different agency that is not affiliated with the Legal Defense Fund, do I still have access to the Legal Defense Fund?
A: No, immediately upon resignation from your department you no longer have access to the Legal Defense Fund unless you are rehired by an agency that is affiliated with the fund. The same is true if you were to transfer from one agency to another.
Q: Do I need to be in a union to have access to the Legal Defense Fund?
A: No, you need to only be a member of a regional association.
Q: When is the coverage effective, and how long does it remain in force?
A: Coverage becomes effective immediately upon completion of employment paperwork with an approved agency.
Q: If I am involved in a use of force incident resulting in injury to the suspect or an unjustified homicide where I am subject to internal investigation protocol, will the LDF cover the cost of civil litigation or departmental proceedings associated with that shooting?
A: Yes.
Support the PORAC LDF
Tax-Deductible Donations
State civilians and associate members are invited to support the PORAC Legal Defense Fund through tax-deductible donations. The LDF is a private, tax-exempt organization created in June 1970, and its purpose is to provide volunteer counsel and expert witnesses to assist posecutorially charged peace officers in the defense of their criminal cases. As such, the LDF is eligible for contributions that are deductible as charitable contributions under section 170 of the Internal Revenue Code. Those individuals who currently make tax-deductible contributions to the LDF are encouraged to continue making contributions to help safeguard the rights of all peace officers . Associate members and encompass all pensioners who retired from PORAC-affliated associations. and those of you who have friends, relatives, acquaintances or neighbors who are not members of PORAC, but who are peace officers or members of their families encourage them to become sponsors of the LDF.
Fundraisers
The LDF raises funds through voluntary contributions from LDF associations and personal donations from members of these associations. We also conduct fundraisers such as golf tournaments, poker tournaments and other events.