Some are active and aggressively fundraising while some are dormant, but ten members of Congress have established legal defense funds according to CQ Politics [1]:

Ethics experts say the creation of lawmaker legal-defense accounts has grown in recent years in response to an increase in Justice Department and Federal Election Commission investigations, as well as lawsuits by private individuals.

Five other House members [besides Rep. Jim McDermott (D-WA)] and Sen. John Kerry [2] , D-Mass., maintain active defense funds and have reported contributions this year.

Two lawmakers — Sen. Orrin G. Hatch [3] , R-Utah, and Rep. Brad Miller [4] , D-N.C. — have defense funds but have not reported any contributions this year.

“It ebbs and flows,” said Stanley M. Brand, who served as House general counsel and is representing Sen. Larry E. Craig [5] , R-Idaho, in efforts to clear his name before the Senate Ethics Committee.

Craig, who pleaded guilty in August to a disorderly conduct charge, has no legal-defense fund. But paying costs associated with litigation can present a financial hardship for many lawmakers, said Brand, who likened defense funds to the indemnity protections typically extended to corporate officials.

The same might be said of political campaign funds. Lawmakers also are allowed under Federal Election Commission rules to tap their campaign coffers to help pay many legal costs, and Craig is among those who have recently chosen that route.

“Unfortunately, in our era one never knows when their legal difficulties are over,” Brand said.

In addition to McDermott and Miller, Democrats Corrine Brown [6] of Florida and William J. Jefferson [7] of Louisiana have active defense funds. On the Republican side, John T. Doolittle [8] of California, Phil English [9] of Pennsylvania and Tom Feeney [10] of Florida have created funds.

Records show that Feeney has raised $46,100 so far this year, while Doolittle has raised $31,750. Nearly one-third of Doolittle’s donations came from Hatch, who gave $10,000. Both Feeney and Doolittle have been caught up in the federal investigation of convicted lobbyist Jack Abramoff.