LOCAL
CRIMINAL RULE 53 -
REGULATION OF CONDUCT IN THE COURTROOM
LCrR53.1
Dissemination of Information Concerning Pending or Imminent Criminal Litigation by
Lawyer Prohibited
LCrR53.2 Pending Investigations
LCrR53.3 Extrajudicial Statements Concerning Specific
Matters
LCrR53.4 Disclosures Authorized
LCrR53.5 Extrajudicial Statements During Trial
LCrR53.6 Extrajudicial Statements After Trial and Prior to
Sentence
LCrR53.7 Matters Not Precluded
LCrR53.8E & W Disclosure of Information by Courthouse
Personnel
LCrR53.8M Disclosure of Information by Courthouse Personnel
LCrR53.9 Special Orders
LCrR53.10 Subjects of Special Order
LCrR53.1 Dissemination
of Information Concerning Pending or Imminent Criminal Litigation by Lawyer Prohibited
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 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.
LCrR53.2 Pending
Investigations
When there is 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 under way, to describe the general scope of
the investigation, to obtain assistance in the apprehension of a suspect, or to warn the
public of any dangers, or otherwise to aid in the investigation.
LCrR53.3 Extrajudicial
Statements Concerning Specific Matters
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 means of public communication relating to
that matter and concerning:
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
information necessary to aid in the accused's apprehension or to warn the public of any
dangers he or she may present;
B. 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;
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.
Upon the showing of good cause by any party, the application of this Rule may be changed or modified to any extent by the court.
LCrR53.4 Disclosures
Authorized
The foregoing shall not be construed to preclude the lawyer during this period, in the proper discharge of his/her official or professional obligations, from announcing the fact and circumstances of arrest (including the time and place of arrest, resistance, pursuit, and use of weapons), and the identity of the investigating and arresting officer or agency, and the length of the investigation; from making an announcement, 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 or her.
LCrR53.5 Extrajudicial
Statements During Trial
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.
LCrR53.6 Extrajudicial
Statements After Trial and Prior to Sentence
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.
LCrR53.7 Matters
Not Precluded
Nothing
in these rules 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 him or her.
LCrR53.8E &
W Disclosure of Information by Courthouse Personnel
All
courthouse personnel, including marshals, deputy marshals, guards, court clerks, deputy
clerks, law clerks, secretaries, bailiffs and court reporters, shall under no
circumstances disclose to any person, without express authorization by the court,
information relating to a pending criminal case or grand jury matter that is not part of
the public records of the court. This rule specifically forbids the divulgence of
information concerning arguments and hearings held in chambers or otherwise outside the
presence of the public.
LCrR53.8M Disclosure of Information by Courthouse Personnel
All courthouse personnel, including marshals, deputy marshals, guards, court clerks, deputy clerks, law clerks, secretaries, bailiffs, court reporters, and probation and pretrial services officers shall under no circumstances disclose to any person, without express authorization by the court, information relating to a pending criminal case or grand jury matter that is not part of the public records of the court. This rule specifically forbids the divulgence of information concerning arguments and hearings held in chambers or otherwise outside the presence of the public. [Amended June 28, 2002]
LCrR53.9 Special
Orders
In
a widely publicized or sensational case, the court, on motion of either party or on its
own motion, may issue a special order governing such matters 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 the sequestration of jurors and witnesses
and any other matters that the court may deem appropriate for inclusion in such an order.
LCrR53.10 Subjects
of Special Order
Such
a special order may be addressed to some or all of the following subjects:
A. A
proscription of extrajudicial statements by participants in the trial, including lawyers,
parties, witnesses, jurors, and court officials, that might divulge prejudicial matter not
of public record in the case;
B. Specific
directives regarding the clearing of entrances to the hallways in the courthouse and
respecting the management of the jury and witnesses during the course of the trial to
avoid their mingling with or being in the proximity of reporters, photographers, parties,
lawyers, and others, both in entering and leaving the courtroom and courthouse, and during
recesses in the trial;
C. A specific
direction that the jurors refrain from reading, listening to, or watching news reports
concerning the case, and that they similarly refrain from discussing the case with anyone,
or with one another, during the trial and from communicating with others in any manner
during their deliberations;
D. Sequestration of
the jury on motion of either party or of the court without disclosure of the identity of
the movant;
E. Direction that
the names and addresses of jurors or prospective jurors not be publicly released except as
required by statute, and that no photograph be taken or sketch made of any juror within
the environs of the court;
F. Insulation of
witnesses from news interviews during the trial period;
G. Specific
provisions regarding the seating of spectators and representatives of news-media,
including:
1. An order that
no member of the public or news-media representative be at any time permitted within the
bar railing;
2. The allocation
of seats to news-media representatives in cases where there is an excess of requests over
the number of seats available, taking into account any pooling arrangement that may have
been agreed to among the news-media representatives.