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US · rules

D. Me. Loc. R. 157.4

Release of Information by Attorneys and Courthouse Personnel in Criminal Cases

activein force · 2025-04-01 – presentact-effective-date

(a) Attorneys

(1) It is the duty of the lawyer or law firm not to release or authorize the

release of information or opinion that a reasonable person would expect

to be disseminated by means of public communication, in connection

with pending or imminent criminal litigation with which the lawyer or

the firm is associated, if there is a reasonable likelihood that such

dissemination will seriously interfere with a fair trial.

(2) With respect to a grand jury or other pending investigation of any

criminal matter, a lawyer participating in or associated with the

investigation must refrain from making any extra-judicial statement

that a reasonable person would expect to be disseminated by means of

public communication, that goes beyond the public record or that 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 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 may not release or authorize

the release of any extra-judicial statement relating to that matter and

concerning the areas enumerated below, that a reasonable person would

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

a reasonable likelihood that such dissemination will seriously interfere

with a fair trial:

(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 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 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 or a lesser

offense; and

(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.

(4) The foregoing may not be construed to preclude the lawyer or law firm

during this period, in the proper discharge of the lawyer’s or firm’s

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 pending charges.

(5) 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 may give or authorize any extra-judicial

statement or interview, relating to the trial or the parties or 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 seriously interfere with a fair trial, except that

the lawyer or law firm may quote from or refer without comment to

public records of the Court in the case.

(6) Nothing in this rule 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 them.

(b) Courthouse Personnel

All court-supporting personnel, including the Marshal, court clerks, court

security officers, court reporters, and employees or subcontractors retained by

the court 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.

The divulgence of information concerning grand jury proceedings, in camera

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

the public is also forbidden.

Provenance

Source
www.med.uscourts.gov
Retrieved
2026-09-18
Edition
fed-district-2026-09-19
Content hash
1faa5435149808ed230b29847ca898b5121240251cc36e9735ce3f797d917daa
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