(a) Applicability. The following are subject to this rule when they are associated with a
pending or imminent criminal case:
(1) government attorneys and their staffs;
(2) defense attorneys and their law firms; and
(3) law-enforcement agencies or investigators associated with either the
prosecution or defense.
(b) General Prohibition on Release of Facts and Opinions. A person subject to this rule
must not release, or authorize the release of, facts or opinions about the criminal case
if:
(1) a reasonable person would expect them to be disseminated by any means of
public communication; and
(2) the dissemination would pose a serious and imminent threat of interference
with the fair administration of justice.
(c) Presumptions of Imminent Threat or Interference. Unless allowed under subdivision
(d), the following are presumed to pose a serious and imminent threat of interference
with the fair administration of justice:
(1) during an investigation, statements by a government lawyer or law-enforcement
agent that go beyond the public record;
(2) during preliminary criminal proceedings, out-of-court statements about:
(A) the accused’s character, reputation, or prior criminal record (including
arrests, indictments, or other criminal charges);
(B) the existence or contents of a confession, admission, or statement given
by the accused;
(C) the fact that the accused has refused or failed to make a statement;
(D) the accused’s performance on any examinations or tests;
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(E) the fact that the accused has refused or failed to submit to an
examination or test;
(F) the identity, testimony, or credibility of prospective witnesses (but
identifying the victim is permissible if it is not otherwise legally
prohibited);
(G) the possibility of a guilty plea to either the charged offense or a lesser
one; or
(H) any opinion concerning either the accused’s guilt or innocence or the
evidence in the case; or
(3) during trial, out-of-court statements or interviews about the trial or the parties
or issues in the trial.
(d) Permitted Statements.
(1) During Investigation. During an investigation, government lawyers or law-
enforcement agents may make statements that go beyond the public record if
they are necessary to:
(A) inform the public:
(i) that an investigation is under way; or
(ii) about the investigation’s general scope;
(B) ask for public help apprehending the suspect;
(C) warn the public of any dangers involved in the investigation; or
(D) otherwise aid the investigation.
(2) During Preliminary Criminal Proceedings. During preliminary criminal
proceedings and while discharging their official or professional obligations, a
person subject to this rule may:
(A) announce:
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(i) accused’s name, age, address, occupation, and family status;
(ii) that the accused has been arrested;
(iii) the circumstances of the arrest (including time and place of
arrest, resistance, pursuit, and use of weapons);
(iv) the identity of the investigating and arresting officer or agency
and the length of the investigation;
(v) that physical evidence (other than a confession, admission, or
statement) has been seized (so long as the announcement is
made when the seizure occurs and is limited to a description of
the seized evidence);
(vi) nature, substance, or text of the charge, including a brief
description of the offense charged;
(vii) the scheduling or result of any stage in the judicial process; or
(viii) without further comment or elaboration, that the accused denies
the charges and the general nature of the defense;
(B) request assistance in obtaining evidence; or
(C) if the accused has not been apprehended, release information that is
necessary to:
(i) help apprehend the accused; or
(ii) warn the public of any dangers the accused may present.
(3) During Trial. Persons subject to this rule may quote or refer without comment
to the court’s public records in the case during trial.
(e) Definitions.
(1) Preliminary Criminal Proceedings. For purposes of this rule, preliminary criminal
proceedings:
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(A) start when:
(i) the accused is arrested;
(ii) an arrest warrant is issued; or
(iii) a complaint, information, or indictment is filed; and
(B) end when:
(i) the accused’s trial starts; or
(ii) the proceedings are resolved without a trial.
(2) Trial Defined. For purposes of this rule, a trial includes:
(A) jury selection;
(B) a criminal trial; and
(C) any other proceeding that could result in incarceration.
(f) Limits on the Rule’s Scope. This rule does not preclude:
(1) lawyers or law enforcement agents from replying to public charges of
misconduct;
(2) legislative, administrative, or investigative bodies from holding hearings and
issuing reports; or
(3) the court from promulgating more restrictive rules on the release of information
about juveniles or other offenders.
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