RELEASE OF INFORMATION BY ATTORNEYS IN CRIMINAL

CASES (a) Duty of Attorney. It is the duty of the attorney 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 he or she 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. (b) Grand Jury. With respect to a grand jury or other pending investigation of any criminal matter, an attorney 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 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 danger, or otherwise to aid in the investigation.

(c) Criminal Cases. 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, an attorney 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, related to that matter and concerning: (1) The prior criminal record (including arrests, indictments or other charges of crime) or the character or reputation of the accused, except that the attorney may make a factual statement of the accused's name, age, residence, occupation and family status. If the accused has not been apprehended, an attorney associated with the prosecution may release any information necessary to aid in his or her apprehension or to warn the public of any danger he or she 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 attorney 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; Rule 61.3 32 March 2026 (6) 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 attorney during this period, in the proper discharge of official or professional obligations, from announcing the facts and circumstances of arrest (including time and place of arrest, resistance, pursuit and use of weapons), the identity of the investigative and arresting officer or agency and the length of the investigation; from announcing, at the time of seizure, 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 the 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.

(d) Release of Information During Trial. During the trial of any criminal matter, including the period of jury selection, no attorney associated with the prosecution or the defense shall give or authorize any extrajudicial statement or interview, relating to the trial, the parties or issues in the trial, for dissemination by any means of public communication, except that the attorney may quote from or refer, without comment, to public records of the Court in the case. (e) Release of Jury Information. During the trial of any criminal matter, including the period prior to and during jury selection, no person associated with the prosecution, or the defense shall permit a defendant to retain an electronic or physical paper copy of the jury venire.

This does not preclude counsel from sharing pertinent information regarding the venire with the defendant(s) during trial. (f) Release of Information After Trial. After the completion of a trial or disposition without trial of any criminal matter, and prior to the imposition of sentence, an attorney 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. (g) Additional Rules.

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 attorney from replying to public charges of misconduct. Rule 61.3 33 March 2026