US · rules
D. Me. Loc. R. 157.4
Release of Information by Attorneys and Courthouse Personnel in Criminal Cases
(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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