(a) In General.
All court personnel, including but not limited to the marshal and deputy
May 2023 Return to Table of Contents
Local Criminal Rules – U.S. District Court for the Eastern District of North Carolina Page 51
marshals and office personnel, the clerk and deputy clerks and office
personnel, probation officers and office personnel, bailiffs, court reporters,
and the district judges’ and magistrate judges’ office personnel, are
prohibited from disclosing to any person, without authorization of the
court, information relating to any pending matter that has not been filed as
a part of the public records of the court. This proscription applies to the
divulgence of any information concerning arguments and hearings held in
chambers or otherwise outside the presence of the jury or the public.
(b) Statements by One Participating in or Associated with an Investigation.
An attorney participating in or associated with the investigation of a
criminal matter shall not make or participate in making any extra-judicial
statement that a reasonable person would expect to be disseminated by
means of public communication and that does more than state without
elaboration:
(1) information contained in a public record;
(2) that the investigation is in progress;
(3) the general scope of the investigation including a description of the
offense and, if permitted by law, the identity of the victim;
(4) a request for assistance in apprehending a suspect or assistance in
other matters and the information necessary thereto; and
(5) a warning to the public of any dangers.
(c) Statements After Filing Complaint, Information, or Indictment,
Issuance of Warrant or Arrest.
An attorney or law firm associated with the prosecution or defense of a
criminal matter shall not, from the time of the filing of a complaint,
information, or indictment, the issuance of an arrest warrant, or arrest until
the commencement of the trial or disposition without trial, make or
participate in making an extra-judicial statement that a reasonable person
would expect to be disseminated by means of public communication that
relates to:
(1) the character, reputation, or prior criminal record (including arrests,
indictments, or other charges of crime) of the accused;
May 2023 Return to Table of Contents
Local Criminal Rules – U.S. District Court for the Eastern District of North Carolina Page 52
(2) the possibility of a plea of guilty to the offense charged or to a lesser
offense;
(3) the existence or contents of any confession, admission, or statement
given by the accused or the refusal or failure of the accused to make
a statement;
(4) the performance or results of any examinations or tests or the refusal
or failure of the accused to submit to examination or tests;
(5) the identity, testimony, or credibility of a prospective witness; or
(6) any opinion as to the guilt or innocence of the accused, the evidence,
or the merits of the case.
(d) Statements That Can Be Made.
This local rule does not preclude an attorney during such period from
announcing:
(1) the name, age, residence, occupation, and family status of the
accused;
(2) if the accused has not been apprehended, any information necessary
to aid in apprehension of the accused or to warn the public of any
dangers the accused may present;
(3) a request for assistance in obtaining evidence;
(4) the identity of the victim of the crime;
(5) the fact, time, and place of arrest, resistance, pursuit, and use of
weapons;
(6) the identity of investigating and arresting officers or agencies and
the length of the investigation;
(7) at the time of seizure, a description of the physical evidence seized,
other than a confession, admission or statement;
(8) the nature, substance, or text of the charge;
(9) quotations from or references to public records of the court in the
case;
May 2023 Return to Table of Contents
Local Criminal Rules – U.S. District Court for the Eastern District of North Carolina Page 53
(10) the scheduling or result of any step in the judicial proceedings; or
(11) that the accused denies the charges made against him.
(e) Statements During Jury Selection or Trial.
During the selection of a jury or the trial of a criminal matter, an attorney
or a law firm associated with the prosecution or defense of a criminal matter
shall not make or participate in making any extra-judicial statement that a
reasonable person would expect to be disseminated by means of public
communication and that relates to the trial, parties, or issues in the trial or
other matters that are reasonably likely to interfere with a fair trial, except
that the attorney may quote from or refer without comment to public records
of the court in the case.
(f) Statements After Trial, Disposition without Trial, or Sentencing.
After the completion of a trial or disposition without trial of a criminal
matter and prior to the imposition of sentence, an attorney or a law firm
associated with the prosecution or defense shall not make or participate in
making an extra-judicial statement that a reasonable person would expect
to be disseminated by public communication and that is reasonably likely
to affect the sentence.
(g) Statements of Staff and Employees.
An attorney shall exercise reasonable care to prevent employees and
associates from making an extra-judicial statement that the attorney would
be prohibited from making under this rule.
