Local Rule LCrR53.3: Extrajudicial Statements Concerning Specific Matters

LCrR53.3 Extrajudicial Statements Concerning Specific Matters 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 must not release or authorize the release of any extrajudicial statement for dissemination by means of public communication relating to that matter and concerning:

A. 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, domicile, occupation, and family status; and, if the accused has not been apprehended, a lawyer associated with the prosecution may release information necessary to aid in the accused's apprehension or to warn the public of any dangers he or she may present;

B. 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;

C. The performance of any examinations or tests or the accused's refusal or failure to submit to an examination or test;

D. 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;

E. The possibility of a plea of guilty to the offense charged or a lesser offense;

F. Any opinion as to the accused's guilt or innocence or as to the merits of the case or the evidence in the case.

Upon the showing of good cause by any party, the application of this Rule may be changed or modified to any extent by the court.