(a) All counsel practicing before this Court are expected to be fully familiar with the
provisions of the New York Rules of Professional Conduct, as amended May 4, 2010.
(b) Counsel’s attention is specifically directed to Professional Conduct Rule 3.6, captioned
Trial Publicity, and Professional Conduct Rule 5.3, captioned Lawyer’s Responsibility for
Conduct of Non-Lawyers. See also Professional Conduct Rule 8.4, providing that any
violation, attempt to violate, assistance in a violation of, or inducement of another to
violate these local rules, whether undertaken directly or indirectly, constitutes professional
misconduct.
(c) 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 and witnesses 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 matter the Court may deem
appropriate for inclusion. In determining whether to impose such a special order, the
Court shall consider whether such an order will be necessary to ensure an impartial jury,
and must find that other, less extreme available remedies, singly or collectively, either are
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not feasible or would not effectively mitigate pretrial publicity and bring about a fair trial.
Among the alternative remedies to be considered are: change of venue, postponing the
trial, a searching voir dire, emphatic jury instructions, and sequestration of jurors.
