(a) Release of Information by Attorneys
It is the duty of the lawyer for the prosecution or for the defense not to release or authorize the
release of information or opinion for dissemination by any means of public communication, in
connection with pending or imminent criminal litigation with which he is associated, if there is a
reasonable likelihood that such dissemination will interfere with a fair trial or otherwise
prejudice the due administration of justice.
With respect to a pending investigation of any criminal matter, a lawyer participating in the
investigation shall refrain from making any extra-judicial statement, for dissemination by any
means of public communication, that goes beyond the public record or that is not necessary to
inform the public that the investigation is underway; to describe the general scope of the
investigation; to obtain assistance in the apprehension of a suspect; to warn the public of any
dangers; or otherwise to aid in the investigation.
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, a
lawyer associated with the prosecution or defense shall not release or authorize the release of any
extra-judicial statement, for dissemination by any means of public communication, relating to
that matter and concerning:
(1) The prior criminal record (including arrests, indictment, or other charges of crime), or
the character or reputation of the accused, except that the lawyer 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 apprehension or to warn the public of any dangers
he may present;
(2) The existence or contents of any confession, admission, or statement given by the
accused, or the refusal 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
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.
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The foregoing shall not be construed to preclude the lawyer during this period in the proper
discharge of his official or professional obligations, from announcing the fact and
circumstances of arrest (including time and place of arrest, resistance, pursuit, and use of
weapons); the identity of the investigating and arresting officer or agency and the length of
the investigation; from making an announcement, at the time of seizure of any physical
evidence other than a confession, admission or statement, which is limited to a description
of the evidence seized; 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 denies the charges made
against him.
During the trial of any criminal matter, including the period of selection of the jury, no
lawyer associated with the prosecution or defense shall give or authorize any extra- judicial
statement or interview, relating to the trial or the parties or issues in the trial, for
dissemination by any means of public communication, except that the lawyer may quote
from or refer without comment to public records of the court in the case.
After the completion of a trial or disposition without trial of any criminal matter, and prior
to the imposition of sentence, a lawyer associated with the prosecution or defense shall
refrain from making or authorizing any extra-judicial statement for dissemination by any
means of public communication if there is a reasonable likelihood that such dissemination
will affect the imposition of sentence.
Nothing in this rule is intended to preclude the formulation or application of more
restrictive rules relating to the release of information about juvenile or other offenders, to
preclude the holding of hearings or the lawful issuance of reports by legislative,
administrative or investigative bodies, or to preclude any lawyer from replying to charges
of misconduct that are publicly made against him.
(b) Release of Information by Courthouse Personnel
All courthouse personnel, including among others, court clerks, court reporters, law clerks,
secretaries, probation officers, the U.S. Marshal, and deputy marshals, are prohibited from
disclosing to any person, without authorization by the court, information relating to a pending
criminal case that is not part of the public records of the court. All such personnel are specifically
prohibited from divulging information concerning arguments and hearings held in chambers or
otherwise outside the presence of the public.
(c) Conduct of Proceedings in a Widely Publicized or Sensational Case
In a widely publicized or sensational case likely to receive massive publicity, the court, on its
own motion, or on motion of either party, may issue a special order governing such matters as
extra-judicial statements by lawyers, parties, witnesses, jurors and court officials likely to
interfere with the rights of the accused to a fair trial by an impartial jury, the seating and conduct
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in the courtroom of spectators and news media representatives, the management and
sequestration of jurors and witnesses, and any other matters which the court may deem
appropriate for inclusion in such an order. Such special order may be addressed to some or all of
the following subjects:
(1) A proscription of extra-judicial statements by participants in the trial, including
lawyers, parties, witnesses, jurors, and court officials, which might divulge prejudicial
matter not of public record in the case;
(2) Specific directives regarding the clearing of entrances to and hallways in the
courthouse and respecting the management of the jury and witnesses during the course of
the trial so as to avoid their mingling with or being in the proximity of reporters,
photographers, parties, lawyers, and others, both in entering and leaving the courtroom and
courthouse, and during recesses in the trial;
(3) Specific direction that the jurors refrain from reading, listening to, or watching news
reports concerning the case, and that they similarly refrain from discussing the case with
anyone during the trial and from communicating with others in any manner during their
deliberations;
(4) Sequestration of the jury on motion of either party or the court, without disclosure of
the identity of the movant;
(5) Direction that the names and addresses of jurors or prospective jurors not be publicly
released except as required by statute, and that no photograph be taken or sketch be made of
any juror within the environs of the court;
(6) Insulation of witnesses from news interviews during the trial period;
(7) Specific provision regarding the seating of spectators and representatives of news
media, including:
(A) An order that no member of the public or news media representatives be at any
time permitted within the bar railing;
(B) The allocation of seats to news media representatives in cases where there are an
excess of requests, taking into account any pooling arrangement that may have been
agreed to among the newsmen.
The above list of subjects is not intended to be exhaustive, but is merely illustrative of
subject matters which might appropriately be dealt with in such an order.
(d) Pretrial Publicity
Nothing in this rule or any other criminal rule of this court is intended to restrict the media’s
right to full pretrial coverage of news pursuant to the First Amendment to the United States
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Constitution. To assure this right, notice of presentation to the court of any motion for an order
affecting the news media’s right to full pretrial coverage of pending or impending criminal
proceedings must be served by movant upon designated representatives of the principal public
media at least twenty-four hours prior to presentation. The designated representative or
representatives shall have the right to be heard by the court, in open court, at the time the motion
is presented.
(e) Photography and Broadcasting Prohibited And Electronic Devices in the Courthouse
(1) Definitions – As used herein, “Judicial Proceeding” means: (i) any trial or other
criminal or civil proceeding, naturalization proceeding or ceremonial occasion occurring in
any United States District Court; (ii) any proceeding before any bankruptcy judge or United
states magistrate judge; and (iii) sessions of the grand jury;
“Courtroom” of a United States District Court means the courtroom and all space behind
the double doors containing the courtroom number and the name of the judge. “Courtroom”
of a United States magistrate judge means any place where a judicial proceeding is
conducted.
“Environs” means any area located within the interior confines of the United States
Courthouse, including but not limited to the entrances, hallways, stairwells, corridors, and
lobbies therein.
(2) Personal Electronic Devices in the Courthouse – Personal electronic devices, such as
smartphones, laptops, tablet computers, or similar functioning devices having wireless
communications capabilities, may be brought into the courthouse. In the environs, personal
electronic devices may be used to make telephone calls, transmit and receive data
communications, such as email or text messages, or to access the Internet. In the
courtrooms, personal electronic devices may be used to take notes, transmit and receive
data communications, such as email or text messages, or to access the Internet. Telephone
ring tones and other functional sounds produced by devices must be disabled while in the
courtroom. Only silent keyboards may be used in the courtroom. A presiding judge may
prohibit or further restrict use of such devices by all persons prior to or during a judicial
proceeding when necessary to protect the rights of the parties or to ensure the orderly
conduct of the proceedings. Temporary modifications to this rule may be made via General
Order and posted on the Court’s website.
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