RELEASE OF INFORMATION BY ATTORNEYS AND COURT HOUSE

PERSONNEL IN CRIMINAL CASES (a) The Duty of Attorneys. (1) It is the duty of the lawyer not to release or authorize the release of information or opinion for dissemination by any means of public communication, in connection with pending or imminent criminal litigation with which the lawyer is associated, if there is a reasonable likelihood that such dissemination will interfere with a fair trial or otherwise prejudice the due administration of justice. (2) With respect to a grand jury or other pending investigation of any criminal matter, a lawyer participating in the investigation shall refrain from making any extrajudicial statement for dissemination by any 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. (3) 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 shall not release or authorize the release of any extrajudicial statement for dissemination by any means of public communication, relating to that matter and concerning: - 31 - 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, 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 his or her apprehension or to warn the public of any dangers the accused may present; B. The existence of 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.

The foregoing shall not be construed to preclude the lawyer during this period, in the proper discharge of the lawyer’s official or professional obligations, from announcing the fact and circumstances of arrest (including time and place of arrest, resistance, pursuit, and use of weapons), the identity of the investigation and arresting officer or agency, and length of the investigation; from making an announcement - 32 - at the time of seizure of any physical evidence other than a confession, admission or statement, which is limited to a description of the evidence seized; from disclosing the nature, substance, or text of the charge, including a brief description of the offense charged; from quoting or referring without comment to public records of the court in the case; from announcing the scheduling or result of any stage in the judicial process; from requesting assistance in obtaining evidence; or from announcing without further comment that the accused denies the charges made against him, her or it. (4) During the trial of any criminal matter, including the period of selection of the jury, no lawyer associated with the prosecution or defense shall give or authorize any extrajudicial statement or interview, relating to the trial or the parties or issues in the trial for dissemination by any means of public communication, except that the lawyer may quote from or refer without comment to public records of the court in the case. (5) After the completion of a trial or disposition without trial of any criminal matter, and prior to the imposition of sentence, a lawyer associated with the prosecution or defense shall refrain from making or authorizing any extrajudicial statement for dissemination by any means of public communication if there is a reasonable likelihood that such dissemination will affect the imposition of sentence. (6) 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 a hearing 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. - 33 - (b) The Duty of Courthouse Personnel.

All courthouse personnel, including among others, marshals, deputy marshals, court clerks, law clerks, bailiffs, court reporters, and secretaries are prohibited from disclosing any information relating to a pending criminal case that is not part of the public records, unless authorized by the court. The rule precludes disclosure of any information whether acquired at a formal or informal proceeding. Effective January 1, 1998. - 34 - Rule 53.2 - Electronic Case File Privacy In compliance with the policy of the Judicial Conference of the United States, and the E- Government Act of 2002, and in order to promote electronic access to documents in the criminal case files while also protecting personal privacy and other legitimate interests, parties shall refrain from including, or shall partially redact where inclusion is necessary, the following personal data identifiers from all documents filed with the court, including exhibits thereto, whether filed electronically or in paper, unless otherwise ordered by the court: a. b. c. d. e. Social Security numbers. If an individual’s Social Security number must be included, only the last four digits of that number should be used.

Names of minor children. If the involvement of a minor child must be mentioned, only the initials of the child should be used. Dates of birth. If an individual’s date of birth must be included, only the year should be used.

Financial account numbers. If financial account numbers are relevant, only the last four digits of the number should be used. Home addresses. If a home address must be included, only the city and state should be listed.

In compliance with the E-Government Act of 2002, a party wishing to file a document containing the personal data identifiers listed above may file an unredacted document under seal. This document shall be retained by the court as part of the record. The court, may, however, still require the party to file a redacted copy for the public file. Trial exhibits may be safeguarded by means other than redaction, and the court may modify this rule to fit the requirements of particular cases. - 35 - The responsibility for redacting these personal identifiers rests solely with counsel and the parties.

The Clerk need not review filings for compliance with this rule. Effective October 1, 2004 - 36 -