Ky. Sup. Ct. Order 2022-11 XI

Section (a) of SCR 3.130(3.6) and Section 5 of the Supreme Court

Commentary shall read:

a) A lawyer who is participating or has participated in the investigation

or litigation of a matter shall not make an extrajudicial statement that

the lawyer knows or reasonably should know will be disseminated by

means of public communication and will have a substantial likelihood

of materially prejudicing an adjudicative proceeding in the matter.

Supreme Court Commentary:

5) There are, on the other hand, certain subjects that are more likely

than not to have a material prejudicial effect on a proceeding,

particularly when they refer to a civil matter triable to a jury, a

criminal matter, or any other proceeding that could result in

incarceration. These subjects relate to:

a) the character, credibility, reputation or criminal record of a party,

suspect in a criminal investigation or witness, or the identity of a

witness, or the expected testimony of a party or witness;

b) in a criminal case or proceeding that could result in incarceration,

the possibility of a plea of guilty to the offense or the existence or

contents of any confession, admission, or statement given by a

defendant or suspect or that person's refusal or failure to make a

statement;

c) the performance or results of any examination or test or the refusal

or failure of a person to submit to an examination or test, or the

identity or nature of physical evidence expected to be presented;

d) any opinion as to the guilt or innocence of a defendant or suspect

in a criminal case or proceeding that could result in incarceration;

e) information that the lawyer knows or reasonably should know is

likely to be inadmissible as evidence in a trial and that would, if

disclosed, create a substantial risk of prejudicing an impartial trial;

or

f) the fact that a defendant has been charged with a crime, unless

there is included therein a statement explaining that the charge is

merely an accusation and that the defendant is presumed innocent

until and unless proven guilty.