(a) No attorney may publicly release any information or opinion that might interfere with
a fair trial or otherwise prejudice the due administration of justice.
(b) No attorney participating in or associated with a grand jury or the investigation of any
criminal matter may make any public extrajudicial statement that goes beyond the
public record or that is not necessary to obtain assistance in the apprehension of a
suspect, to warn the public of any dangers, or otherwise to aid in the investigation.
(c) No attorney, prior to the commencement of trial or disposition without trial, may make
any public statement concerning:
(1) 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, an attorney associated
with the prosecution may release any information necessary to aid in the accused’s
apprehension or to warn the public of any dangers the accused may present;
(2) Any statement or lack thereof by the accused;
(3) The performance or lack thereof of any examinations or tests upon the accused;
(4) The identity, testimony, or credibility of prospective witnesses, except that the
attorney or law firm may announce the identity of the victim if the announcement
is not otherwise prohibited by law;
(5) The possibility of a plea of guilty to the offense charged or a lesser offense;
(6) Any opinion as to the accused’s guilt or innocence or as to the merits of the case or
the evidence in the case.
(d) During a jury trial of any criminal matter, no attorney may publicly give any
extrajudicial statement that may interfere with a fair trial. An attorney may quote from
or refer without comment to public records of the Court in the case.
(e) Nothing in this Rule shall preclude the lawful issuance of reports by investigative
bodies or preclude any attorney from replying to charges of professional misconduct
that are publicly made against the attorney.
