Local Rule LCrR 57: RELEASE OF INFORMATION BY LAWYERS IN CRIMINAL CASES

LCrR 57 RELEASE OF INFORMATION BY LAWYERS IN CRIMINAL CASES a. Impending Criminal Litigation. No lawyer or law office participating in or associated with the prosecution or defense of an impending criminal prosecution may release or authorize the release of information concerning the matter or give an opinion about the matter, unless there is no reasonable likelihood the information either will be disseminated by any means of public communication or will interfere with a fair trial or otherwise prejudice the due administration of justice.

b. Pending Investigations. No lawyer for the government participating in or associated with a grand jury or other pending investigation of a criminal matter may make or authorize the release of any extrajudicial statement beyond what is included in the public record that a reasonable person would expect to be disseminated by any means of public communication. This section does not prohibit statements necessary for the following:

1. To inform the public that an investigation is underway;

2. To describe the general scope of an investigation;

3. To obtain assistance in the apprehension of a suspect;

4. To warn the public of any dangers; or 5. To aid otherwise in an investigation.

c. From Arrest Until Trial.

1. Information Not to Be Released. No lawyer or law office associated with the prosecution or defense of a pending or imminent criminal prosecution may release or authorize the release of any extrajudicial statement beyond what is included in the public record that a reasonable person would expect to be disseminated by any means of public communication concerning the following:

A. Personal information concerning the accused, including the accused's character, reputation, or prior criminal record, including arrests, indictments, or other criminal charges, except this subsection does not prohibit a factual statement of the accused's name, age, residence, occupation, and family status, and if the accused has not been apprehended, information necessary to aid in the accused's apprehension or to warn the public of any dangers the accused may present;

B. The existence or contents of any confession, admission, or statement given by the accused, or the refusal of the accused to make a statement;

C. The performance of or results from any examination or test, or the accused's refusal or failure to submit to any examination or test;

D. The identity, testimony, or credibility of prospective witnesses, except for the identity of the victim if the release of this information is not otherwise prohibited by law; The possibility of a plea of guilty to the offense charged or to a lesser offense; and E. Any opinion as to the accused's guilt or innocence, the merits of the case, or the evidence in the case.

2. Information That May Be Released. This section does not preclude a lawyer or law office associated with the prosecution or defense of a criminal prosecution, in the proper discharge of an official or professional obligation, from doing the following:

A. Announcing the fact and the circumstances of an arrest, including the time and place of arrest and any resistance, pursuit, or use of weapons;

B. Announcing the identity of any investigating or arresting officers or agencies;

C. Announcing the duration of the investigation;

D. Announcing that the accused denies the charges, without further comment;

E. Announcing the scheduling of any court proceeding;

F. Announcing the results of any stage of the judicial process;

G. Giving, at the time of seizure of any physical evidence, a description of the evidence seized;

H. Quoting from or referring to the public records of the court without further comment; and I. Requesting assistance in obtaining evidence.

d. During Trial. During a jury trial of any criminal matter, including jury selection, no lawyer or law office associated with the prosecution or defense of the matter may give or authorize the release of any extrajudicial statement or give an interview relating to the trial, the parties, or the issues in the trial that a reasonable person would expect to be disseminated by means of public communication if there is a reasonable likelihood such dissemination would interfere with a fair trial, except the lawyer or the law office may, without further comment, quote from or refer to public records of the court.

This section does not preclude the following:

1. The imposition of more restrictive rules relating to the release of information about juveniles or in other particular cases;

2. The holding of hearings or the lawful issuance of reports by legislative, administrative, or investigative bodies; or 3. A reply by a lawyer to charges of misconduct made publicly against the lawyer.