M.D. Tenn. LCrR 2.01

(a) By Attorneys

(1) Limitation of Extrajudicial Statements. A lawyer who is participating or has

participated in the investigation or litigation of a matter either directly or indirectly

must not make an extrajudicial statement (other than a quotation from or reference to

public records) that the lawyer knows or reasonably should know will be disseminated

by public communication, and will have a substantial likelihood of materially

prejudicing an adjudicative proceeding in the matter, including especially that will

interfere with a fair trial.

(2) Comments More Likely Than Not to Have a Material Prejudicial Effect Even if

Included in the Public Record. A comment relating to the following matters is more

likely than not to have a material prejudicial effect on a proceeding, even if included in

the public record, and the burden is upon the person commenting upon such matters to

show that the comment did not pose such a threat:

(A) Grand Jury and Pending Investigations. Any extrajudicial statement outside

the limitations under (a)(1), including the character, credibility, reputation, or

criminal record of a suspect in a criminal investigation except such statement

as is 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 seek

the public’s aid in the investigation;

(B) Following Formal Charges Through Adjudication. After formal charges

have been initiated (meaning an arrest, issuance of an arrest warrant, or the

filing of a complaint, information or indictment in any criminal matter), until

the conclusion of trial or the disposition without trial, any extrajudicial

statement outside the limitations under (a)(1) relating to the matter and

concerning:

(i) The prior criminal record (including arrests, indictments, or other

charges of crime), or the character or reputation of the accused, except

that the attorney 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, an attorney associated with the

prosecution may release any information necessary to aid in

apprehension or to warn the public of any dangers presented;

(ii) The possibility of a plea of guilty to the offenses charged or to a lesser

offense, 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;

(iii) The performance of any examination or tests or the accused’s refusal or

failure to submit to an examination or test;

(iv) The character, credibility, reputation, or criminal record of a party or the

identity, testimony, or credibility of prospective witnesses, except that

the attorney may announce the identity of the victim if the

announcement is not otherwise prohibited by law;

(v) The identity or nature of physical evidence expected to be presented;

(vi) The fact that an accused has been charged with a crime, unless there is

included therein a statement that the charge is merely an accusation and

that the accused is presumed innocent unless and until proven guilty;

(vii) Any opinion as to the accused’s guilt or innocence, or as to the evidence

in the case; or

(viii) Information that the lawyer knows or reasonably should know is likely

to be inadmissible as evidence in a trial or that would, if disclosed, create

a substantial risk of prejudicing an impartial trial.

The foregoing shall not be construed to preclude the prosecution or defense

attorney during this period, in the proper discharge of their 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

physical evidence other than a confession, admission, or statement, that 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 requesting assistance in obtaining evidence; or from

announcing (without further comment) that the accused denies the charges,

maintains their innocence and looks forward to their day in court.

(3) Statements Necessary to Protect a Client from Substantial Undue Prejudice.

Notwithstanding paragraphs (a)(1) and (a)(2), a lawyer may make a statement that a

reasonable lawyer would believe is required to protect a client from the substantial

undue prejudicial effect of recent publicity not initiated by the lawyer or the lawyer’s

client. A statement made pursuant to this paragraph must be limited to such information

as is necessary to mitigate the recent adverse publicity.

(4) Applications to Law Firms and Agencies. The provisions of this rule concerning

lawyers apply to the law firm and government agencies or offices, and the partners and

employees of such firms, government agencies or offices, with which the lawyer is

associated.

(b) Additional Restrictions by the Court. Nothing in this rule is intended to preclude the

formation or application of more restrictive rules, upon motion of any party or by the Court

on its own, related 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, to address the seating and conduct of spectators and

media representatives, to preclude any attorney from replying to charges of misconduct

that are publicly made against that attorney, or to address any other matters that the Court

may deem appropriate for inclusion.

(c) By Courthouse Personnel. All courthouse personnel, including but not limited to,

employees of the Clerk’s office, employees of the Court (including judicial chambers

staff), employees of the Probation and Pretrial Services office, and the United States

Marshals Service employees including Court Security Officer(s), are prohibited from

disclosing to any person, without authorization by the Court, information relating to a

pending criminal proceeding that is not part of the public record of the Court. This Rule

specifically forbids the divulging of information concerning arguments and hearings held

in chambers or otherwise outside the presence of the public.