Local Rule LCrR 2.01: RELEASE OF INFORMATION CONCERNING CRIMINAL PROCEEDINGS

LCrR 2.01 – RELEASE OF INFORMATION CONCERNING CRIMINAL PROCEEDINGS

(a) By Attorneys

(1) Limitation of Extrajudicial Statements. A lawyer who is participating or has participated in the investigation or litigation of a matter either directly or indirectly must not make an extrajudicial statement (other than a quotation from or reference to public records) that the lawyer knows or reasonably should know will be disseminated by public communication, and will have a substantial likelihood of materially prejudicing an adjudicative proceeding in the matter, including especially that will interfere with a fair trial.

(2) Comments More Likely Than Not to Have a Material Prejudicial Effect Even if Included in the Public Record. A comment relating to the following matters is more likely than not to have a material prejudicial effect on a proceeding, even if included in the public record, and the burden is upon the person commenting upon such matters to show that the comment did not pose such a threat:

(A) Grand Jury and Pending Investigations. Any extrajudicial statement outside the limitations under (a)(1), including the character, credibility, reputation, or criminal record of a suspect in a criminal investigation except such statement as is 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 seek the public's aid in the investigation;

(B) Following Formal Charges Through Adjudication. After formal charges have been initiated (meaning an arrest, issuance of an arrest warrant, or the filing of a complaint, information or indictment in any criminal matter), until the conclusion of trial or the disposition without trial, any extrajudicial statement outside the limitations under (a)(1) relating to the matter and concerning:

(i) The prior criminal record (including arrests, indictments, or other charges of crime), or the character or reputation of the accused, except that the attorney 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 apprehension or to warn the public of any dangers presented;

(ii) The possibility of a plea of guilty to the offenses charged or to a lesser offense, 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;

(iii) The performance of any examination or tests or the accused's refusal or failure to submit to an examination or test;

(iv) The character, credibility, reputation, or criminal record of a party or 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;

(v) The identity or nature of physical evidence expected to be presented;

(vi) The fact that an accused has been charged with a crime, unless there is included therein a statement that the charge is merely an accusation and that the accused is presumed innocent unless and until proven guilty;

(vii) Any opinion as to the accused's guilt or innocence, or as to the evidence in the case; or

(viii) Information that the lawyer knows or reasonably should know is likely to be inadmissible as evidence in a trial or that would, if disclosed, create a substantial risk of prejudicing an impartial trial.

The foregoing shall not be construed to preclude the prosecution or defense attorney during this period, in the proper discharge of their 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 physical evidence other than a confession, admission, or statement, that 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 requesting assistance in obtaining evidence; or from announcing (without further comment) that the accused denies the charges, maintains their innocence and looks forward to their day in court.

(3) Statements Necessary to Protect a Client from Substantial Undue Prejudice. Notwithstanding paragraphs (a)(1) and (a)(2), a lawyer may make a statement that a reasonable lawyer would believe is required to protect a client from the substantial undue prejudicial effect of recent publicity not initiated by the lawyer or the lawyer's client. A statement made pursuant to this paragraph must be limited to such information as is necessary to mitigate the recent adverse publicity.

(4) Applications to Law Firms and Agencies. The provisions of this rule concerning lawyers apply to the law firm and government agencies or offices, and the partners and employees of such firms, government agencies or offices, with which the lawyer is associated.

(b) Additional Restrictions by the Court. Nothing in this rule is intended to preclude the formation or application of more restrictive rules, upon motion of any party or by the Court on its own, related 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, to address the seating and conduct of spectators and media representatives, to preclude any attorney from replying to charges of misconduct that are publicly made against that attorney, or to address any other matters that the Court may deem appropriate for inclusion.

(c) By Courthouse Personnel. All courthouse personnel, including but not limited to, employees of the Clerk's office, employees of the Court (including judicial chambers staff), employees of the Probation and Pretrial Services office, and the United States Marshals Service employees including Court Security Officer(s), are prohibited from disclosing to any person, without authorization by the Court, information relating to a pending criminal proceeding that is not part of the public record of the Court. This Rule specifically forbids the divulging of information concerning arguments and hearings held in chambers or otherwise outside the presence of the public.