Local Rule LCvR 83.1: FREE PRESS -- FAIR TRIAL PROVISIONS

LCvR 83.1 FREE PRESS -- FAIR TRIAL PROVISIONS A. Release of Information in Civil Actions. A lawyer or law firm associated with a civil action shall not during its investigation or litigation make or participate in making an extrajudicial statement, other than a quotation from or reference to public records, that a reasonable person would expect to be disseminated by means of public communication if there is a substantial likelihood that such extrajudicial statement would materially prejudice such civil action and relates to:

1. evidence regarding the occurrence or transaction involved;

2. the character, credibility, or criminal record of a party, witness, or prospective witness;

3. the performance or results of any examinations or tests or the refusal or failure of a party to submit to such;

4. his or her opinion as to the merits of the claims or defenses of a party except as required by law or administrative rule; or 5. any other matter substantially likely to materially prejudice such civil action.

B. Matters on Which Extrajudicial Statements Are Not Precluded. Nothing in this rule is intended to preclude the issuance of extrajudicial statements made in connection with hearings or the lawful issuance of reports by legislative, administrative or investigative bodies, or to preclude any lawyer from replying to charges of misconduct that are publicly made against him or her.

C. Photography, Recording and Broadcasting.

1. Except as hereafter provided, all forms, means and manner of taking photographs, recording, broadcasting and televising are prohibited in any hearing room, corridor or stairway leading thereto, on any floor occupied entirely or in part by the United States District Court for the Western District of Pennsylvania, in any United States Courthouse or federal facility, or any other building designated by the United States District Court for the Western District of Pennsylvania as a place for holding Court or other judicial proceeding, whether or not Court is in session.

2. Exceptions:

a. Photographs may be taken and radio and television may be transmitted with the voluntary consent of the individual involved in and from the press rooms set aside for the use of members of the press and other communications media.

b. Subject to the approval of the presiding Judge, the broadcasting, televising, recording or photographing of investitive, ceremonial or naturalization proceedings in the Courtrooms of this district will be permitted under the following conditions:

i. available light is to be used;

ii. only one camera is to be used. The station owning that camera must make a tape available to all stations requesting one;

iii. the camera must remain in one position throughout. It must be in position before the opening of Court and remain there until the Court has recessed;

iv. microphones must be placed in fixed positions and remain there throughout; and v. camera and microphone personnel shall not move about the Courtroom during the proceeding.

Comment (June 2008)

1. The amended Rule conforms to the standard set forth in United States v. Wecht, 484 F.3d 194, 205 (3d Cir. 2007) (exercising "supervisory authority to require that District Courts apply LCvR 83.1 to prohibit only speech that is substantially likely to materially prejudice ongoing criminal proceedings") and to the governing law of professional conduct. Former LCvR 83.1.A-E, governing free press and fair trial issues relating to criminal proceedings, has been moved to the Local Criminal Rules.

2. LCvR 83.1.C includes in the Local Rules the provisions of the standing order dated May 21, 1968.