Local Rule Rule 57.3 (Criminal): PUBLIC STATEMENTS BY COUNSEL

Rule 57.3 PUBLIC STATEMENTS BY COUNSEL

(a) Statements Permitted During Investigation A prosecutor participating in or associated with the investigation of a criminal matter shall not make or participate in making an extrajudicial statement that a reasonable person would expect to be disseminated by means of public communication and that does more than state without elaboration:

1. Information contained in a public record. 2. That the investigation is in progress. 3. The general scope of the investigation including a description of the offense and, if permitted by law, the identity of the victim. 4. A request for assistance in apprehending a suspect or assistance in other matters and the information necessary thereto. 5. A warning to the public of any dangers.

(b) Statements Prohibited After Commencement of Proceedings A lawyer associated with the prosecution or defense of a criminal matter shall not, from the time of the filing of a complaint, information, or indictment, the issuance of an arrest warrant, or arrest until the commencement of the trial or disposition without trial, make or participate in making an extrajudicial statement that a reasonable person would expect to be disseminated by means of public communication and that relates to:

1. The character, reputation, or prior criminal record (including arrests, indictments, or other charges of crime) of the accused, unless the accused's prior convictions are expressly charged in the complaint, information, or indictment. 2. The existence, nature or scope of plea negotiations. 3. The existence or contents of any confession, admission, or statement given by the accused or any refusal or failure to make a statement. 4. The performance or results of any examinations or tests or the refusal or failure of the accused to submit to examinations or tests. 5. The identity, testimony, or credibility of a prospective witness. 6. Any opinion as to the guilt or innocence of the accused, the evidence, or the merits of the case.

(c) Statements Permitted After Commencement of Proceedings Rule 57(c) does not preclude a lawyer during such period from disclosing publicly:

1. The name, age, residence, occupation, and family status of the accused. 2. If the accused has not been apprehended, any information necessary to aid in apprehension or to warn the public of any dangers the accused might present. 3. A request for assistance in obtaining evidence. 4. The identity of the victim of the crime, if otherwise permitted by law. 5. The fact, time and place of arrest, resistance, pursuit, and use of weapons. 6. The identity of investigating and arresting officers or agencies and the length of the investigation. 7. At the time of any seizure, a description of the physical evidence seized. 8. The nature, substance, or text of the charge. 9. Quotations from or references to public records of the Court in the case. 10. The scheduling or result of any step in the judicial proceedings. 11. That the accused denies the charges.

(d) Statements Prohibited During Jury Selection and Trial During the selection of a jury or the trial of a criminal matter, a lawyer associated with the prosecution or defense of a criminal matter shall not make or participate in making an extrajudicial statement that a reasonable person would expect to be disseminated by means of public communication and that relates to the trial, parties, or issues in the trial or other matters that are reasonably likely to interfere with a fair trial, except that the lawyer may quote from or refer without comment to public records of the Court in the case and defense counsel may state that the accused denies the charges.