FAIR TRIAL DIRECTIVES

(a) Prohibited Statements; Attorney's Obligations. (1) An attorney participating in or associated with a grand jury or other investigation of a criminal matter shall not make or participate in making any extrajudicial statement which a reasonable person would expect to be disseminated by means of public communication and which does more than state without elaboration: Information contained in a public record. (i) (ii) That the investigation is in progress. (iii) The general scope of the investigation including a description of the offense and, if permitted by law, the identity of the victim.

(iv) A request for assistance in apprehending a suspect or assistance in other matters and the information necessary thereto. (v) A warning to the public of any dangers. (2) An attorney associated with the prosecution or defense of a criminal case to be tried by a jury shall not make or participate in making any extrajudicial statement which a reasonable person would expect to be disseminated by means of public communication which relates to: (i) The character, reputation, or prior criminal record (including arrests, indictments, or other charges of crime) of the accused. (ii) The possibility of a plea of guilty to the offense charged or to a lesser offense.

(iii) The existence or contents of any confession, admission, or statement given by the accused or the accused’s refusal or failure to make a statement. (iv) The performance or results of any examinations or tests or the refusal or failure of the accused to submit to examinations or tests. (v) The identity, testimony, or credibility of a prospective witness. (vi) Any opinion as to the guilt or innocence of the accused, the evidence, or the merits of the case.

(3) Section (a)(2) above does not preclude an attorney from announcing: The name, age, residence, occupation, and family status of the accused. (i) 8 (ii) Any information necessary to aid in the apprehension of an accused or to warn the public of any dangers. (iii) A request for assistance in obtaining evidence. (iv) The identity of the victim of the crime.

(v) The fact, time, and place of arrest, resistance, pursuit, and use of weapons. (vi) The identity of investigating and arresting officers or agencies and the length of the investigation. (vii) The nature, substance, or text of the charge. (viii) Quotations from or references to public records of the court in the case.

(ix) The scheduling or result of any step in the judicial proceedings. (x) That the accused denies the charges. (4) The foregoing provisions of this rule do not preclude an attorney from replying to charges of misconduct publicly made against the attorney or from participating in the proceedings of legislative, administrative, or other investigative bodies. (b) Attorney's Employees and Associates.

An attorney must exercise reasonable care to prevent employees and associates from making any extrajudicial statement which the attorney would be prohibited from making under this rule.