Free Press — Fair Trial Directives

(a)

It is the duty of the lawyer or law firm, and of non-lawyer personnel employed by

a lawyer’s office or subject to a lawyer’s supervision, private investigators acting

under the supervision of a criminal defense lawyer, and government agents and

police officers not to release or authorize the release of nonpublic information or

opinion that a reasonable person would expect to be disseminated by means of

public communication, in connection with pending or imminent criminal litigation

with which they are associated, if there is a substantial likelihood that the

dissemination will interfere with a fair trial or otherwise prejudice the due

administration of justice.

(b) With respect to a grand jury or other pending investigation of any criminal matter,

a lawyer participating in or associated with the investigation (including

government lawyers and lawyers for targets, subjects, and witnesses in the

investigation) shall refrain from making any extrajudicial statement that a

reasonable person would expect to be disseminated by 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, if there is a

substantial likelihood that the dissemination will interfere with a fair trial or

otherwise prejudice the administration of justice.

(c) During a jury trial of any criminal matter, including the period of selection of the

jury, no lawyer or law firm associated with the prosecution or defense shall give or

authorize any extrajudicial statement or interview relating to the trial, the parties,

or issues in the trial that a reasonable person would expect to be disseminated by

means of public communication if there is a substantial likelihood that the

dissemination will interfere with a fair trial; but the lawyer or the law firm may

quote from or refer without comment to public records of the court in the case.

(d) Statements concerning the following subject matters presumptively involve a

substantial likelihood that their public dissemination will interfere with a fair trial

3

Joint Local Rules, S.D.N.Y. and E.D.N.Y. Effective January 2, 2026

or otherwise prejudice the due administration of justice within the meaning of this

rule:

(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 or

law firm 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 the accused’s apprehension or to warn the public of any

dangers the accused 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 or law firm may announce the identity of the victim if the

announcement is not otherwise prohibited by law;

(5) The possibility of a plea of guilty to the offense charged or a lesser offense;

(6)

Information the lawyer or law firm knows is likely to be inadmissible at trial

and would if disclosed create a substantial likelihood of prejudicing an

impartial trial; and

(7) Any opinion as to the accused’s guilt or innocence or as to the merits of the

case or the evidence in the case.

(e) Statements concerning the following subject matters presumptively do not involve

a substantial likelihood that their public dissemination will interfere with a fair

trial or otherwise prejudice the due administration of justice within the meaning of

this rule:

(1) An announcement, at the time of arrest, of the fact and circumstances of

arrest (including time and place of arrest, resistance, pursuit, and use of

weapons), the identity of the investigating and arresting officer or agency and

the length of investigation;

4

Joint Local Rules, S.D.N.Y. and E.D.N.Y. Effective January 2, 2026

(2) An announcement, at the time of seizure, stating whether any items of

physical evidence were seized and, if so, a description of the items seized (but

not including any confession, admission, or statement);

(3) The nature, substance, or text of the charge, including a brief description of

the offense charged;

(4) Quoting or referring without comment to public records of the court in the

case;

(5) An announcement of the scheduling or result of any stage in the judicial

process, or an announcement that a matter is no longer under investigation;

(6) A request for assistance in obtaining evidence; and

(7) An announcement, without further comment, that the accused denies the

charges, and a brief description of the nature of the defense.

(f) Nothing in this rule is intended to preclude the formulation or application of more

restrictive rules relating to the release of information about juvenile or other

offenders, to preclude the holding of 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 that lawyer.

(g) All court supporting personnel, including, among others, marshals, deputy

marshals, court clerks, bailiffs, court reporters, and employees or sub-contractors

retained by the court-appointed official reporters, are prohibited from disclosing to

any person, without authorization by the court, information relating to a pending

grand jury proceeding or criminal case that is not part of the public records of the

court. The divulgence by such court supporting personnel of information

concerning grand jury proceedings, in camera arguments, or hearings held in

chambers or otherwise outside the presence of the public is also forbidden.

(h) The court, on motion of either party or on its own motion, may issue a special

order governing matters such as extrajudicial statements by parties and witnesses

likely to 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

5

Joint Local Rules, S.D.N.Y. and E.D.N.Y. Effective January 2, 2026

any other matters that the court may deem appropriate. In determining whether to

impose such a special order, the court must consider whether the order will be

necessary to ensure an impartial jury and must find that other, less extreme

available remedies, singly or collectively, are not feasible or would not effectively

mitigate the pretrial publicity and bring about a fair trial. Among the alternative

remedies to be considered are: change of venue, postponing the trial, a searching

voir dire, emphatic jury instructions, and sequestration of jurors.

(i) Any lawyer who violates the terms of this rule may be disciplined under Local

Civil Rule 1.5.

For relevant historical context for this local rule, consult the Appendix of Committee Notes.