US · rules
N.D. Ga. LCrR 57.4
Release of Information in Criminal and Grand Jury Proceedings
(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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