Local Rule RULE 83.6: FAIR TRIAL, FREE PRESS

RULE 83.6 FAIR TRIAL, FREE PRESS (See Fed. R. Crim. P. 6, 12.1, 16, 32, 53; 18 U.S.C. § 3322; 28 U.S.C. §§ 566, 751, 753, 755, 956)

(a) Duties of Lawyers It is the duty of the lawyer 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/she/they are associated, if there is a reasonable likelihood that such dissemination will interfere with a fair trial or otherwise prejudice the due administration of justice. With respect to a grand jury or other pending investigation of any criminal matter, a lawyer 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 that 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 any dangers, or otherwise to aid in the investigation.

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, a lawyer 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 relating 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 lawyer may make a factual statement of the accused's name, age, residence, occupation, and family status, and if the accused has not been apprehended, a lawyer associated with the prosecution may release any information necessary to aid in his/her/their apprehension or to warn the public of any dangers he/she/they 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 lawyer may announce the identity of the victim if the announcement is not otherwise prohibited by law;

(5) the possibility of a plea of guilty or innocence or as to the merits of the case or the evidence in the case; or

(6) any opinion as to the accused's guilt or innocence or as to the merits of the case or the evidence in the case.

(b) Duties of Court Personnel No personnel connected in any way with this Court or its operation, including, among others, marshals, deputy marshals, deputy clerks, court security officers, bailiffs, jury administrators, court reporters, and interns, shall disclose to any person, without specific authorization by the presiding judge, any information relating to a pending criminal or civil case that is not a part of the public record. This prohibition applies to, among other things, the divulgence of information concerning arguments, hearings, and discussions held in chambers or otherwise outside the presence of the public.

(c) Special Order in Certain Cases In a widely publicized or sensational case, the Court, on motion of either party or on its own motion, may issue a special order governing such matters as extrajudicial statements by parties and witnesses that might interfere with the rights of the accused to a fair trial by an impartial jury, the seating and conduct in the courtroom of spectators and news media representatives, the management and sequestration of jurors and witnesses, and any other matters that the Court may deem appropriate for inclusion in such an order, such as:

(1) directives regarding the clearing of entrances to and hallways in a courthouse and respecting the management of the jury and witnesses during the course of the trial to avoid their mingling with or being in the proximity of reporters, photographers, parties, lawyers, and others, both in entering and leaving the courtroom and courthouse, and during recesses in the trial;

(2) a specific directive that the jurors refrain from reading, listening to, or watching news reports concerning the case, and that they similarly refrain from discussing the case with anyone during the trial and from communicating with others in any manner during their deliberations;

(3) sequestration of the jury on motion of any party or the Court, without disclosure of the identity of the movant;

(4) a directive that the names and addresses of the jurors or prospective jurors are not publicly released, except as required by statute, and that no photographs be taken or sketch made of any juror within the environs of the Court;

(5) insulation of witnesses from news interviews during the trial period; and

(6) specific provisions regarding the seating of spectators and news media representatives.