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N.D. Ga. LCrR 57.4

Release of Information in Criminal and Grand Jury Proceedings

activein force · 2026-09-18 – presentact-effective-date

(A) By Lawyers or Law Firms.

(1) In connection with pending or imminent criminal litigation with

which a lawyer or a law firm is associated, it is the duty of the lawyer or law firm

not to release or authorize the release of information or opinion which a reasonable

person would expect to be disseminated by any means of public communication, 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 or associated with the investigation shall

refrain from making any extrajudicial statement which a reasonable person would

expect to be disseminated by any means of public communication that goes beyond

the public record or which 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 or law firm associated

with the prosecution or defense shall not release or authorize the release of any

extrajudicial statement which a reasonable person would expect to be disseminated

by any 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 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 apprehension of the accused or to

warn the public of any dangers the accused 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 or law firm 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, to a

lesser offense, to an offense other than the offense charged, or of nolo

contendere;

(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 or law firm

during this period, in the proper discharge of 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 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.

(4) 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 or the parties or the issues in the trial which a reasonable person would

expect to be disseminated by means of public communication, if there is a

reasonable likelihood that such dissemination will interfere with a fair trial. A

lawyer or law firm is permitted to quote from or refer without comment to public

records of the Court in the case.

(B) By Courthouse Personnel. All courthouse supporting personnel, including,

among others, marshals, deputy marshals, court clerks, deputy court clerks,

bailiffs, court reporters, law clerks, secretaries, and employees or subcontractors

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. This rule specifically forbids the divulgence of information concerning

arguments and hearings held in chambers or otherwise outside the presence of the

public.

(C) Exceptions to This Rule. Nothing in this rule is intended (1) to preclude the

formulation or application of more restrictive rules relating to the release of

information about juvenile or other offenders, (2) to preclude the holding of

hearings or the lawful issuance of reports by legislative, administrative, or

investigative bodies, or (3) to preclude any lawyer from replying to charges of

misconduct that are publicly made against him.

(D) Provisions for Special Orders in Widely Publicized or Sensational

Criminal Cases. In a widely publicized or sensational criminal case, the Court, on

motion of either party or on its own motion, may issue a special order governing

such matters as extra-judicial statements by parties and witnesses likely to interfere

with the rights of the parties or 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 any other matters which the Court may deem appropriate for inclusion in such

an order.

Provenance

Source
www.gand.uscourts.gov
Retrieved
2026-09-18
Edition
fed-district-2026-09-18
Content hash
ff20022a03f70d7068f2bc6bcbb153b7fcbf2bc26ce819d33b145567fa891407
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