E.D. Va. Local Criminal Rule 57.1

(A) Potential or Imminent Criminal Litigation: In connection with pending or imminent criminal

litigation with which a lawyer or a law firm is associated, it is the duty of that lawyer or firm not to

release or authorize the release of information or opinion (1) if a reasonable person would expect such

information or opinion to be further disseminated by any means of public communication, and (2) if there

is a reasonable likelihood that such dissemination would interfere with a fair trial or otherwise prejudice

the due administration of justice.

(B) Grand Jury Proceedings: 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 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 to aid in the

investigation.

(C) Pending Criminal Proceedings – Specific Topics: 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

termination of trial or disposition without trial, a lawyer, law firm, or law enforcement personnel

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 further disseminated by any means of public

communication, if such statement concerns:

(1) 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 his or her apprehension or to warn the public of any dangers such person may

present;

(2) 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;

(3) The performance of any examinations or tests or the accused's refusal or failure to submit to

an examination or test;

(4) 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;

(5) The possibility of a plea of guilty to the offense charged or a lesser offense;

(6) 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 the official or professional obligations imposed, 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 such person.

(D) Pending Criminal Proceedings - General: 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 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, except that the lawyer or

law firm may quote from or refer without comment to public records of the Court in the case.

(E) Provisos: Nothing in this Local 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 such

lawyer.

(F) Court Personnel: All Court personnel, including, among others, the U.S. Marshal, deputy Marshals,

Clerk’s Office staff, court security officers, court reporters, and employees or subcontractors retained by

the Court as contract 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

likewise forbidden.

(G) Motions: 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 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

sequestration of jurors and witnesses, and any other matters which the Court may deem appropriate for

inclusion in such an order.

(H) Open Court: Unless otherwise provided by law, all preliminary criminal proceedings, including

preliminary examinations and hearings on pretrial motions, shall be held in open Court and shall be

available for attendance and observation by the public; provided that, upon motion made or agreed to by

the defense, the Court, in the exercise of its discretion, may order a pretrial proceeding be closed to the

public, in whole or in part, on the grounds:

(1) that there is a substantial probability that the dissemination of information disclosed at such

proceeding would impair the defendant's right to a fair trial; and

(2) that reasonable alternatives to closure will not adequately protect defendant's right to a fair

trial.

If the Court so orders, it shall state for the record its specific findings concerning the need for closure.