LEGAL DEFENSE FUND THROUGH AFFILIATION WITH
NYSUPA/IUPA
ABOUT LDF
The New York State Union of Police Associations, Inc., with the International Union of Police Associations AFL-CIO, provides participating affiliated organizations that register all of its members with an important benefit: the Legal Defense Fund (LDF) that provides defense coverage for its members in criminal and civil cases arising from an act or omission in the course and scope of employment as a law enforcement officer. In criminal cases, the LDF provides full representation by a panel of experienced criminal defense attorneys to select from, beginning with the outset of the investigation, grand jury, and if indicted, through trial on any felony or misdemeanor case, in state or federal court. The LDF pays for all the costs arising in the defense of covered cases, including attorneys' fees, expert witness fees, and court costs including transcripts of proceedings.
Only members of the affiliated organizations that participate by registering each member in the LDF will be covered by the LDF. Such members must be dues-paying members in good standing of an NYSUPA/IUPA organization that elects to participate in the LDF. The LDF provides the following:
Criminal Coverage
- Coverage for criminal cases arising from an act or omission in the course and scope of employment as a law enforcement officer.
- Provide full representation by an experienced criminal defense attorney from the outset of the investigation, grand jury, and if indicted, through trial on any felony or misdemeanor case, in state or federal court. Full representation by an experienced criminal defense attorney from the outset of the investigation through trial.
The following services are covered by the LDF:
- Investigators
- Expert Witnesses:
-Use of Force Experts
-Pathologists
-Computer Forensics
-Polygraph Examiner
-Court Reporters
-Court Costs
- Conflict coverage: If there is a legal conflict between members, each member will have separate counsel at no cost.
- This benefit is available wether the investigating agency is local, state, or federal.
Civil Coverage
Pursuant to the LDF, when the Employer defends, but does not agree to wholly indemnify the police officer/deputy sheriff, the LDF will provide an experienced attorney to monitor the case against potential conflict. This means that the attorney is available to answer the police officer/deputy sheriff’s questions about the case, review the pleadings and discovery, watch for conflicts between the police officer/deputy sheriff and the Employer, track and protect the police officer/deputy sheriff’s representation to ensure adequate representation. Independent counsel will be provided at no cost if there is a determination that:
- A legal conflict of interest between the police officer/deputy sheriff and Employer;
- Inadequate representation by the Employer;
- A considerable likelihood that punitive damages could be awarded against the police officer/deputy sheriff; or,
- If the Employer refuses to represent the police officer/deputy sheriff for an act or omission within the scope of employment.
THE COST IS $5.65 PER MEMBER PER MONTH.
THE ORGANIZATION ONCE ENROLLED, CAN DISCONTINUE IN THE LDF AT ANY TIME.
NO CO-PAYS
NO CAPS
NO DEDUCTIBLES
NO OTHER CONTRIBRUTIONS
The benefits of the LDF are in addition to the labor and legal representation provided to your organization by affiliation with NYSUPA through the Plan Services Agreement.