PERSONNEL
(a) CONDUCT OF COURT PERSONNEL.
Courthouse supporting personnel, including, among others, marshals, court clerks, law
clerks, messengers, court reporters and employees or subcontractors retained by the
court-appointed official reporters, shall not disclose to any person without specific
authorization by the Court, information relating to any pending criminal proceeding,
including a grand jury proceeding, that is not part of the public records of the Court, nor
shall any such personnel discuss the merits involved in any such proceeding with any
members of the public.
(b) CONDUCT OF ATTORNEYS IN CRIMINAL CASES.
(1) It is the duty of the lawyer or law firm not to release or authorize the release of
information or opinion which a reasonable person would expect to be
disseminated by means of public communication, in connection with pending or
imminent criminal litigation with which the lawyer or the law firm is associated,
if there is a reasonable likelihood that such dissemination will interfere with a fair
trial or otherwise prejudice the due administration of justice.
(2) With respect to a grand jury or other pending investigation of any criminal matter,
a lawyer participating in or associated with the investigation shall refrain from
making any extrajudicial statement which a reasonable person would expect to be
disseminated by means of public communication, that goes beyond the public
record or that is not necessary to inform the public that the investigation is
underway, to describe the general scope of the investigation, to obtain assistance
in the apprehension of a suspect, to warn the public of any dangers, or otherwise
to aid in the investigation.
(3) From the time of arrest, issuance of an arrest warrant, or the filing of a complaint,
information or indictment in any criminal matter until the commencement of trial
or disposition without trial, a lawyer or law firm associated with the prosecution
or defense shall not release or authorize the release of any extrajudicial statement
which a reasonable person would expect to be disseminated by means of public
communication, relating to that matter and concerning:
(a) The prior criminal record (including arrests, indictments, or other charges
of crime), or the character or reputation of the accused, except that the
lawyer or law firm may make a factual statement of the accused's name,
age, residence, occupation, and family status, and if the accused has not
been apprehended, a lawyer associated with the prosecution may release
any information necessary to aid in apprehension of the accused or to warn
the public of any dangers he or she may present;
(ii) The existence or contents of any confession, admission, or statement given
by the accused, or the refusal or failure of the accused to make any
statement;
(iii) The performance of any examinations or tests or the accused's refusal or
failure to submit to an examination or test;
(iv) The identity, testimony, or credibility of prospective witnesses, except that
the lawyer or law firm may announce the identity of the victim if the
announcement is not otherwise prohibited by the law;
(v) The possibility of a plea of guilty to the offense charged or a lesser
offense;
(vi) Any opinion as to the accused's guilt or innocence or as to the merits of
the case or the evidence in the case.
The foregoing shall not be construed to preclude the lawyer or law firm during this
period, in the proper discharge of official or professional obligations, from announcing
the fact and circumstances of arrest (including time and place of arrest, resistance,
pursuit, and use of weapons), the identity of the investigating and arresting officer or
agency, and the length of the investigation; from making an announcement, at the time of
seizure of any physical evidence other than a confession, admission or statement, which
is limited to a description of the evidence seized; from disclosing the nature, substance, or
text of the charge, including a brief description of the offense charged; from quoting or
referring without comment to public records of the court in the case; from announcing the
scheduling or result of any stage in the judicial process; from requesting assistance in
obtaining evidence; or from announcing without further comment that the accused denies
the charges.
(4) During a jury trial of any criminal matter, including the period of selection of the
jury, no lawyer or law firm associated with the prosecution or defense shall give
or authorize any extrajudicial statement or interview, relating to the trial or the
parties or issues in the trial which a reasonable person would expect to be
disseminated by means of public communication if there is a reasonable
likelihood that such dissemination will interfere with a fair trial, except that the
lawyer or law firm may quote from or refer without comment to public records of
the court in the case.
(5) Nothing in this Rule is intended to preclude the formulation or application of
more restrictive rules relating to the release of information about juvenile or other
offenders, to preclude the holding of hearings or the lawful issuance of reports by
legislative, administrative, or investigative bodies, or to preclude any lawyer from
replying to charges of misconduct that are publicly made against him or her.
(c) ORDERS IN WIDELY PUBLICIZED OR SENSATIONAL CASES.
In a widely publicized or sensational criminal case, the Court, on motion of either party
or on its own motion, may issue a special order governing such matters as extrajudicial
statements by parties, witnesses and attorneys likely to interfere with the rights of the
accused to a fair trial by an impartial jury, the seating and conduct in the courtroom of
spectators and news media representatives, the management and sequestration of jurors
and witnesses, and any other matters which the Court may deem appropriate for inclusion
in such an order.
