A. Release of Information in Criminal Litigation. A lawyer or law firm shall
not release or authorize the release of information or opinion that a reasonable
person would expect to be disseminated by means of public communication, in
connection with pending or imminent criminal litigation with which he or she or
the firm is associated, if there is a substantial likelihood that such release would
materially prejudice ongoing criminal proceedings.
B. Release Beyond Public Record. With respect to a pending investigation of
any criminal matter, a lawyer participating in or associated with the investigation
shall refrain from making any extrajudicial statement that a reasonable person
November 1, 2016 Local Rules of Court
Western District of Pennsylvania
would expect to be disseminated by means of public communication, that goes
beyond the public record, if there is a substantial likelihood that such statement
would materially prejudice such pending investigation.
C. Subjects Likely to Be Materially Prejudicial. From the time of arrest,
issuance of an arrest warrant, or the filing of a complaint, information, or
indictment in any criminal matter until the commencement of trial or disposition
without trial, extrajudicial statements by a lawyer or law firm associated with the
prosecution or defense that a reasonable person would expect to be
disseminated by means of public communication relating to the following subjects
are substantially likely to be considered materially prejudicial to ongoing criminal
proceedings:
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, a lawyer associated with the prosecution may
release any information necessary to aid in his or her apprehension or to
warn the public of any dangers he or she may present;
2. the existence or contents of any confession, admission, or statement
given by the accused, or the refusal or failure of the accused to make any
statement;
3. the performance of any examinations or tests or the accused's refusal
or failure to submit to an examination or test;
4. the identity, testimony or credibility of prospective witnesses, except
that the lawyer 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; or
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, except that counsel may
announce without further comment that the accused asserts innocence or
denies the charges made against him or her.
Unless otherwise prohibited by law, the foregoing shall not be construed to
preclude the lawyer or law firm during this period, in the proper discharge of his
or her or its official or professional obligations, from announcing the fact, time
and place of arrest, the identity of the investigating and arresting officer or
agency, and the length of the investigation; from disclosing the nature,
substance, or text of the charge, including a brief description of the offense
charged; from quoting or referring without comment to public records of the Court
in the case; from announcing the scheduling or result of any stage in the judicial
process; from requesting assistance in obtaining evidence; or from announcing
without further comment that the accused asserts innocence or denies the
charges made against him or her.
November 1, 2016 Local Rules of Court
Western District of Pennsylvania
