M.D. La. LCrR 53

(a) 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, including

social media, in connection with pending or imminent criminal litigation with which the

lawyer 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. It is the duty of the

lawyer to abide by Rule 1.6 of the Louisiana Rules of Professional Conduct.

(b) 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, including

social media, 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.

(c) Extrajudicial Statements Concerning Specific Matters.

(1) 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, including social media 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 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 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.

(2) 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.

(d) Disclosures Authorized. The foregoing shall not be construed to preclude the lawyer

during this period, in the proper discharge of the lawyer’s 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), 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 the accused.

(e) 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 and

the lawyer’s assistants, paralegals, and investigators 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.

(f) 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 and their assistants, paralegals and investigators 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) 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 oneself.

(h) Disclosure of Information by Courthouse Personnel. All courthouse personnel,

including the United States Marshal, Deputy Marshals, Court Security Officers, Clerk of

Court, Deputy Clerks, Law Clerks, Judicial Assistants, 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 matters held in chambers or otherwise outside the

presence of the public.

(i) Special Orders. To promote fairness and impartiality in the trial process and to protect

the rights of the parties, 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 matter that the

Court may deem appropriate for inclusion in such an order.

(j) Subjects of Special Order. Such a special order may be addressed to the following

subjects, including, but not limited to:

(1) A proscription of extrajudicial statements by participants in the trial, including

lawyers and their assistants, paralegals, and investigators; parties, witnesses,

jurors, and court officials, who might divulge prejudicial matter not of public record in

the case;

(2) 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 other witnesses, both in entering and leaving

the courtroom and courthouse, and during recesses in the trial;

(3) 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, including social media, in any manner during their deliberations;

(4) Sequestration of the jury on motion of either party or of the Court without disclosure of

the identity of the movant;

(5) 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;

(6) Insulation of witnesses from news interviews during the trial period;

(7) Specific provisions regarding the seating of spectators and representatives of news-media, including:

(A) An order that no member of the public or news-media representative be at

any time permitted within the bar railing;

(B) 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.

(k) Building Security. Building Security shall be governed by Rule 83(c) of the Local Civil

Rules for the Middle District of Louisiana.