Rule Text
(a) Repealed by Acts 2023, 88th Leg., R.S., Ch. 765 (H.B. 4504), Sec. 3.001(2), eff. January 1, 2025.
(b) It is the duty of the trial court, the attorney representing the accused, the attorney representing the state and all peace officers to so conduct themselves as to insure a fair trial for both the state and the defendant, not impair the presumption of innocence, and at the same time afford the public the benefits of a free press.
Amendment history: Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722. Amended by Acts 1967, 60th Leg., p. 1733, ch. 659, Sec. 3, eff. Aug. 28, 1967.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 765 (H.B. 4504), Sec. 3.001(2), eff. January 1, 2025.
Plain-English Summary (for reference only — not a substitute for the rule text above)
This summary is not the rule. The rule text controls.
This rule says that everyone involved in a criminal case has a job to protect the fairness of the trial. That includes the judge, the defense lawyer, the prosecutor, and police officers. They all have to act in ways that give both the state and the defendant a fair shot in court.
The rule also protects the defendant's presumption of innocence. This means nobody involved in the case should do anything that makes the defendant look guilty before the trial is over. At the same time, the rule recognizes that the public has a right to a free press, so news outlets can still report on the case. The goal is to balance a fair trial with the public's right to know what's happening.
Part (a) of this rule used to cover something else, but it was removed by the Texas Legislature in 2023 and no longer applies as of January 2025.