Local Rule L. Cr. R. 53-2: Release of Information

N.D. Ind. L. Cr. R. 53-2 Release of Information

(a) Applicability. The following are subject to this rule when they are associated with a pending or imminent criminal case:

(1) government attorneys and their staffs;

(2) defense attorneys and their law firms; and

(3) law-enforcement agencies or investigators associated with either the prosecution or defense.

(b) General Prohibition on Release of Facts and Opinions. A person subject to this rule must not release, or authorize the release of, facts or opinions about the criminal case if:

(1) a reasonable person would expect them to be disseminated by any means of public communication; and

(2) the dissemination would pose a serious and imminent threat of interference with the fair administration of justice.

(c) Presumptions of Imminent Threat or Interference. Unless allowed under subdivision (d), the following are presumed to pose a serious and imminent threat of interference with the fair administration of justice:

(1) during an investigation, statements by a government lawyer or law-enforcement agent that go beyond the public record;

(2) during preliminary criminal proceedings, out-of-court statements about:

(A) the accused's character, reputation, or prior criminal record (including arrests, indictments, or other criminal charges);

(B) the existence or contents of a confession, admission, or statement given by the accused;

(C) the fact that the accused has refused or failed to make a statement;

(D) the accused's performance on any examinations or tests;

(E) the fact that the accused has refused or failed to submit to an examination or test;

(F) the identity, testimony, or credibility of prospective witnesses (but identifying the victim is permissible if it is not otherwise legally prohibited);

(G) the possibility of a guilty plea to either the charged offense or a lesser one; or

(H) any opinion concerning either the accused's guilt or innocence or the evidence in the case; or

(3) during trial, out-of-court statements or interviews about the trial or the parties or issues in the trial.

(d) Permitted Statements.

(1) During Investigation. During an investigation, government lawyers or law-enforcement agents may make statements that go beyond the public record if they are necessary to:

(A) inform the public:

(i) that an investigation is under way; or

(ii) about the investigation's general scope;

(B) ask for public help apprehending the suspect;

(C) warn the public of any dangers involved in the investigation; or

(D) otherwise aid the investigation.

(2) During Preliminary Criminal Proceedings. During preliminary criminal proceedings and while discharging their official or professional obligations, a person subject to this rule may:

(A) announce:

(i) accused's name, age, address, occupation, and family status;

(ii) that the accused has been arrested;

(iii) the circumstances of the arrest (including time and place of arrest, resistance, pursuit, and use of weapons);

(iv) the identity of the investigating and arresting officer or agency and the length of the investigation;

(v) that physical evidence (other than a confession, admission, or statement) has been seized (so long as the announcement is made when the seizure occurs and is limited to a description of the seized evidence);

(vi) nature, substance, or text of the charge, including a brief description of the offense charged;

(vii) the scheduling or result of any stage in the judicial process; or

(viii) without further comment or elaboration, that the accused denies the charges and the general nature of the defense;

(B) request assistance in obtaining evidence; or

(C) if the accused has not been apprehended, release information that is necessary to:

(i) help apprehend the accused; or

(ii) warn the public of any dangers the accused may present.

(3) During Trial. Persons subject to this rule may quote or refer without comment to the court's public records in the case during trial.

(e) Definitions.

(1) Preliminary Criminal Proceedings. For purposes of this rule, preliminary criminal proceedings:

(A) start when:

(i) the accused is arrested;

(ii) an arrest warrant is issued; or

(iii) a complaint, information, or indictment is filed; and

(B) end when:

(i) the accused's trial starts; or

(ii) the proceedings are resolved without a trial.

(2) Trial Defined. For purposes of this rule, a trial includes:

(A) jury selection;

(B) a criminal trial; and

(C) any other proceeding that could result in incarceration.

(f) Limits on the Rule's Scope. This rule does not preclude:

(1) lawyers or law enforcement agents from replying to public charges of misconduct;

(2) legislative, administrative, or investigative bodies from holding hearings and issuing reports; or

(3) the court from promulgating more restrictive rules on the release of information about juveniles or other offenders.