(a) Prohibited Statements; Attorney's Obligations.
(1) An attorney participating in or associated with a grand jury or other
investigation of a criminal matter shall not make or participate in making any
extrajudicial statement which a reasonable person would expect to be disseminated by
means of public communication and which does more than state without elaboration:
(i) Information contained in a public record.
(ii) That the investigation is in progress.
(iii) The general scope of the investigation including a description of the
offense and, if permitted by law, the identity of the victim.
(iv) A request for assistance in apprehending a suspect or assistance in
other matters and the information necessary thereto.
(v) A warning to the public of any dangers.
(2) An attorney associated with the prosecution or defense of a criminal case to
be tried by a jury shall not make or participate in making any extrajudicial statement
which a reasonable person would expect to be disseminated by means of public
communication which relates to:
(i) The character, reputation, or prior criminal record (including arrests,
indictments, or other charges of crime) of the accused.
(ii) The possibility of a plea of guilty to the offense charged or to a
lesser offense.
(iii) The existence or contents of any confession, admission, or statement
given by the accused or the accused’s refusal or failure to make a
statement.
(iv) The performance or results of any examinations or tests or the
refusal or failure of the accused to submit to examinations or tests.
(v) The identity, testimony, or credibility of a prospective witness.
(vi) Any opinion as to the guilt or innocence of the accused, the
evidence, or the merits of the case.
(3) Section (a)(2) above does not preclude an attorney from announcing:
(i) The name, age, residence, occupation, and family status of the
accused.
(ii) Any information necessary to aid in the apprehension of an accused
or to warn the public of any dangers.
(iii) A request for assistance in obtaining evidence.
(iv) The identity of the victim of the crime.
(v) The fact, time, and place of arrest, resistance, pursuit, and use of
weapons.
(vi) The identity of investigating and arresting officers or agencies and
the length of the investigation.
(vii) The nature, substance, or text of the charge.
(viii) Quotations from or references to public records of the court in the
case.
(ix) The scheduling or result of any step in the judicial proceedings.
(x) That the accused denies the charges.
(4) The foregoing provisions of this rule do not preclude an attorney from
replying to charges of misconduct publicly made against the attorney or from
participating in the proceedings of legislative, administrative, or other investigative
bodies.
(b) Attorney's Employees and Associates. An attorney must exercise
reasonable care to prevent employees and associates from making any extrajudicial
statement which the attorney would be prohibited from making under this rule.
