US · rules
D. Wyo. L.Cr.R. 61.3
Release of Information by Attorneys in Criminal Cases
(a) Duty of Attorney. It is the duty of the attorney not to release or authorize the
release of information or opinion for dissemination by any means of public communication,
in connection with pending or imminent criminal litigation with which he or she 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.
(b) Grand Jury. With respect to a grand jury or other pending investigation of
any criminal matter, an attorney participating in the investigation shall refrain from making
any extrajudicial statement, for dissemination by any means of public communication, that
goes beyond the public record or 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 danger, or otherwise to aid in the
investigation.
(c) Criminal Cases. 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, an attorney associated with the
prosecution or defense shall not release or authorize the release of any extrajudicial
statement, for dissemination by any means of public communication, related to that matter
and concerning:
(1) The prior criminal record (including arrests, indictments or other
charges of crime) or the character or reputation of the accused, except that the
attorney may make a factual statement of the accused's name, age, residence,
occupation and family status. If the accused has not been apprehended, an
attorney associated with the prosecution may release any information necessary to
aid in his or her apprehension or to warn the public of any danger he or she 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 attorney 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 attorney during this period, in
the proper discharge of official or professional obligations, from announcing the facts and
circumstances of arrest (including time and place of arrest, resistance, pursuit and use of
weapons), the identity of the investigative and arresting officer or agency and the length
of the investigation; from announcing, at the time of seizure, 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 the 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.
(d) Release of Information During Trial. During the trial of any criminal matter,
including the period of jury selection, no attorney associated with the prosecution or the
defense shall give or authorize any extrajudicial statement or interview, relating to the trial,
the parties or issues in the trial, for dissemination by any means of public communication,
except that the attorney may quote from or refer, without comment, to public records of the
Court in the case.
(e) Release of Jury Information. During the trial of any criminal matter, including
the period prior to and during jury selection, no person associated with the prosecution,
or the defense shall permit a defendant to retain an electronic or physical paper copy of
the jury venire. This does not preclude counsel from sharing pertinent information
regarding the venire with the defendant(s) during trial.
(f) Release of Information After Trial. After the completion of a trial or
disposition without trial of any criminal matter, and prior to the imposition of sentence, an
attorney 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) Additional Rules. 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 attorney from replying
to public charges of misconduct.
Provenance
- Source
- www.wyd.uscourts.gov
- Retrieved
- 2026-09-19
- Edition
- fed-district-2026-09-19
- Content hash
38ce163a7a0734c8fac7d5c8e6320ce721a2d312b62bebcb41911700f85b7478
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