RULE 61.3 RELEASE OF INFORMATION BY ATTORNEYS IN CRIMINAL
CASES
(a) Duty of Attorney. It is the duty of the attorney 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 or she 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.
(b) Grand Jury. With respect to a grand jury or other pending investigation of
any criminal matter, an attorney participating in the investigation shall refrain from making
any extrajudicial statement, for dissemination by any means of public communication, that
goes beyond the public record or 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 danger, or otherwise to aid in the
investigation.
(c) Criminal Cases. 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, an attorney associated with the
prosecution or defense shall not release or authorize the release of any extrajudicial
statement, for dissemination by any means of public communication, related to that matter
and 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
attorney may make a factual statement of the accused's name, age, residence,
occupation and family status. If the accused has not been apprehended, an
attorney associated with the prosecution may release any information necessary to
aid in his or her apprehension or to warn the public of any danger 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 attorney 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;
