XII. CRIMINAL RULES

With the 1997 revision, all existing criminal rules were renumbered to delete the "100" series designation.  For example, 106.1 became 6.1; 110.2 became 10.2.

1.1 General Rules

(a) Title and Citation

The "Local Criminal Rules of the United States District Court for the District of New Hampshire" shall be cited as "LCrR __."

(b) Effective Date

Effective January 1, 1996, as amended December 1, 2015.

(c) Numbering

The numbering of the local rules tracks the numbers of the Federal Rules of Criminal Procedure.

(d) Scope

LCrR 1.1 - 58.1 shall govern the procedure in all criminal actions. Civil local rules shall apply insofar as they do not conflict with any statute, federal or local criminal rule, or individual order. The following civil/general local rules shall apply in criminal actions: Rules 1.1(c),(d) and (g), 1.2 - 1.3, 4.3(e), 4.4 - 5.4, 7.1(a),(c)-(f), 7.2(a),(c) and (d), 7.3, 9.5, 39.1, 39.3, 40.2, 45.1 - 47.3, 54.1, 65.1.1, 67.2 - 67.4, 72.1, 72.2, 77.1, 77.3, 77.5, 77.6, 80.1, 83.1, 83.2(a),(b) and (d), 83.3 - 83.5, 83.6(a)-(c), and (e), 83.8 -83.13, 83.14(b)-(e), 83.15, 83.16.

History

(Added 1/1/97; § (b) amended 1/1/98, 1/1/99, 1/1/00, 1/1/01, 1/1/02, 1/1/03, 1/1/04, 1/1/05, 1/1/06, 1/1/08, 12/1/09, 12/1/11 (N.B. 1/1/99 and 1/1/02 changes were to applicable civil rules only); § (d) amended 1/1/01, 1/1/04, 1/1/05, 1/1/06, 1/1/08, 12/1/09, 12/1/11, 12/1/13; §§ (b) and (d) amended 2015)

6.1 Grand Jury Security

When the grand jury is in session, the area surrounding the grand jury room shall be secured, and no one shall be permitted to wander about, sit in the corridors, or otherwise attempt to ascertain the identity of witnesses or members of the grand jury.

 (Amended 1/1/98)

10.1 Trial Date

The court shall establish a trial date at the arraignment.

10.2 Complex Cases

If the court determines at the arraignment that the case is likely to be unusually complex, the court shall schedule a status conference within fourteen (14) days after the arraignment.  LCrR 12.1(a) and 12.1(b) shall not apply in such cases, and the court shall instead establish the dates for the filing of discovery, dispositive, and evidentiary motions at the status conference.

 (Amended 1/1/97)

10.3 Post-Arraignment Meeting

Counsel shall confer in order to discuss discovery matters within seven (7) days after the arraignment.

 (Amended 12/1/09)

11.1 Entry of Guilty Plea Without Plea Agreement

In all cases in which the defendant intends to enter a plea of guilty without having reached a written plea agreement with the government, the defendant shall submit on or before the date of the change of plea hearing an executed Acknowledgment and Waiver of Rights on a form approved by the court.

 (Added 1/1/04)

11.2 Request for Expedited Plea and Sentencing Hearing in Certain Reentry After Deportaion Cases

(a)  When the parties desire that a reentry after deportation case be expedited for a plea and sentencing hearing, a completed Notice for Expedited Plea and Sentencing Hearing (the “Notice”) shall be filed with either a final executed Plea Agreement or an executed Acknowledgement and Waiver of Rights form. The form of the Notice shall substantially conform to Criminal Form 4.

(b)  The plea and sentencing hearing shall be scheduled within forty-five (45) days after the filing of the Notice and either the Plea Agreement or Acknowledgement and Waiver of Rights, and the probation office shall prepare an abbreviated presentence investigation report without the need for any further order of the court. The abbreviated presentence investigation report need not include information ordinarily set forth in Section C of a full presentence investigation report.

(c)  The probation office shall disclose its initial abbreviated presentence investigation report to the parties by no later than fourteen (14) days before the scheduled plea and sentencing hearing.

(d)   Any objection to the initial abbreviated presentence investigation report shall be filed no later than seven (7) days before the scheduled plea and sentencing hearing.

(e)  If any objections are made to the initial abbreviated presentence investigation report, the probation office shall conduct a further investigation as required under LCrR 32.1(f), and thereafter disclose a revised report and addendum to the parties by no later than two (2) days before the scheduled plea and sentencing hearing.

(f)  The provisions of LCrR 32.1 requiring the filing of proposed Sentencing Options and Supervision Conditions do not apply to cases subject to this expedited plea and sentencing procedure.

(g)  The deadlines set forth herein for cases subject to this expedited plea and sentencing hearing procedure supersede the deadlines set forth in LCrR 32.1. All other provisions of LCrR 32.1, not inconsistent with this rule remain in effect.

(History added 12/1/15)

11.3 Disclosure of Medications

In all cases in which the defendant intends to enter a plea of guilty, the defendant shall be prepared at the plea hearing to identify for the court all medications the defendant has been prescribed and/or is currently taking. The defendant may submit this information orally at the hearing or in writing. If a written list is provided to the court, it will not be retained by the court or docketed, but returned to counsel at the conclusion of the hearing.

(Added 12/1/17)

12.1 Motion Practice

(a) Discovery Motions

Discovery motions shall be filed within thirty (30) days after the arraignment. 

(b) Dispositive and Evidentiary Motions

Dispositive and evidentiary motions, which shall not include motions in limine, shall be filed no later than twenty-one (21) days prior to trial.

(c) Motions in Limine

Motions in limine shall be filed no later than seven (7) days prior to trial. Objections to motions in limine shall be filed on the day of trial.

(d) Motions for Continuance of Trial

Any defense motions to continue trial must be accompanied by a waiver of speedy trial signed by the defendant.

(e) Objections

Unless the Federal Rules of Criminal Procedure or these local rules provide otherwise, an objection and memorandum in opposition to a motion shall be filed within fourteen (14) days from the date the motion is served. Unless an objection is filed within the time established by this rule, the party opposing the motion shall be deemed to have waived objections, and the court may act on the motion.

History

(§ (d) amended 1/1/03; § (b) amended, § (c) added, former §§ (c)-(d) relettered accordingly 1/1/08; § (e) amended 12/1/09)

12.2 [reserved]

(Added 1/1/03)

12.3 [reserved]

(Added 1/1/03)

12.4.1 Disclosure Statement

(a) Nongovernmental Corporate Parties; Partnerships; Limited Liability Companies

(1) Form of Filing

The disclosure statement referenced in Fed. R. Crim. P. 12.4(a)(1) and this rule shall substantially conform to Criminal Form 2, Disclosure Statement.

(2) Additional Information

The disclosure statement shall also identify any publicly held corporation with which a merger agreement exists.

(3) Partnerships and Limited Liability Companies

When a partnership or a limited liability company (LLC) is a party to an action or proceeding, it shall file a disclosure statement providing the information required in Fed. R. Crim. P. 12.4(a)(1) and § (a)(2) of this rule or shall state that there is no such corporate entity that holds such an interest in the partnership/LLC.

(b) Organizational Victims

(1) Form of Filing

The disclosure statement referenced in Fed. R. Crim. P. 12.4(a)(2) and this rule shall substantially conform to Criminal Form 3, Organizational Victim Statement.

(2) Additional Information

The disclosure statement shall also identify any publicly held corporation with which a merger agreement exists.

(3) Partnerships and Limited Liability Companies

When an organizational victim is a partnership or a limited liability company (LLC), the government shall file a disclosure statement providing the information required in Fed. R. Crim. P. 12.4(a)(1) and § (b)(2) of this rule or shall state that there is no such corporate entity that holds such an interest in the partnership/LLC.

History

(Formerly subject matter of LCrR 57.2, 57.3, which were added 1/1/01; renumbered and amended 1/1/03; §§ (a)(3) and (b)(3) amended 12/1/09; formerly LR 12.4 renumbered to 12.4.1 and §§ (a)(1) and (b)(1) amended 12/1/13)

16.1 Routine Discovery

The parties shall disclose the following information without waiting for a demand from the opposing party.

(a) Criminal Record Report

Prior to or during the course of the initial appearance, the United States Probation and Pretrial Service Office shall, to the extent in their possession, provide the government with two (2) copies of the defendant’s criminal record report. Upon receipt, the government shall provide a copy of that report to counsel for the defendant, it being presumed that defense counsel has made a request for this information pursuant to Fed. R. Crim. P. 16(a)(1)(D).

(b) Material Discoverable Pursuant to Fed. R. Crim. P. 16

(1) By the Government

The government shall disclose information described in Fed. R. Crim. P. 16(a)(1) within fourteen (14) days after the arraignment unless the parties agree on a different date or unless the defendant notifies the government within that time period and prior to receipt of such information that the defendant declines to receive that information.

(2) By the Defendant

The defendant shall disclose the information described in Fed. R. Crim. P. 16(b) within thirty (30) days after the arraignment unless the parties agree on a different date or unless the defendant has timely notified the government pursuant to LCrR 16.1(b)(1) that the defendant declines reciprocal discovery.

(3) Expert Witnesses and Reports/Summaries

The initial disclosure requirements of subsection (b)(1) and (2) only require the disclosure of known expert witnesses and existing expert reports/summaries as of the disclosure deadline. Later identified expert witnesses and later created reports/summaries, as well as a curriculum vitae for all identified experts, shall be disclosed no later than thirty (30) days prior to trial, and rebuttal expert witnesses, their reports/summaries, and curriculum vitae shall be disclosed no later than fifteen (15) days prior to trial.

(c) Electronic Communications

The government shall disclose any evidence suggesting that the government has intercepted the defendant's wire or electronic communications, as defined in 18 U.S.C. § 2510, within fourteen (14) days after the arraignment.

(d) Exculpatory and Impeachment Material

The government shall disclose any evidence material to issues of guilt or punishment within the meaning of Brady v. Maryland, 373 U.S. 83 (1963), and related cases, and any impeachment material as defined in Giglio v. United States, 405 U.S. 150 (1972), and related cases, at least twenty-one (21) days before trial. For good cause shown, the government may seek approval to disclose said material at a later time.

(e) Witness Statements

The government shall disclose any witness statements, as defined in Fed. R. Crim P. 26.2(f) and 18 U.S.C. § 3500, at least seven (7) days prior to the commencement of the proceeding at which the witness is expected to testify unless the government determines that circumstances call for later disclosure as allowed by Rule 26.2 and 18 U.S.C. § 3500.

(f) Fed. R. Evid. 404(b) Material

The government shall disclose the general nature of any evidence that it intends to introduce pursuant to Fed. R. Evid. 404(b) at least seven (7) days prior to trial.

(g) Exhibits

At least seven (7) days prior to trial, the parties shall exchange and file exhibit lists. Exhibits intended to be used solely for impeachment need not be listed. Objections to exhibit lists shall be filed on the day of trial. The parties shall deliver their exhibits to the clerk’s office and a copy to each other at least one day before the start of evidence.

(h) Presentation of Electronic Evidence to a Deliberating Jury

At least seven (7) days prior to trial, the parties shall file a statement confirming that they have met and conferred on whether they intend to have the jury use the Jury Evidence Recording System (JERS) and stating their respective positions on the use of JERS at trial. To the extent one but not all parties want to use JERS, the party who wants to use JERS shall file a motion requesting leave to do so.

(i) Witness Lists

The parties shall exchange and file witness lists at least seven (7) days prior to trial. For good cause shown, either party may seek court approval to exchange witness lists at a later date.

History

(§§ (a)(2) and (d) amended 1/1/97; § (f) amended 1/1/06; § (a) added, former §§ (a) through (g) relettered accordingly, new § (d) amended 12/1/09; § (b)(3) added and § (g) amended 12/1/11; amended § (g), added § (h), relettered former § (h) 12/1/13).

16.2 Due Diligence and Duty to Supplement

Parties shall exercise due diligence in attempting to comply with their disclosure obligations.  Parties shall supplement their disclosures whenever responsive information is discovered after the deadlines established under these rules.

16.3 Motions Seeking Routine Discovery

No motion seeking discovery covered by LCrR 16.1 shall be filed unless the opposing party has failed to comply with a written request for the discovery sought by the motion.

 (Amended 1/1/97)

17.1 Subpoenas

(a) Request for Issuance

In all criminal matters in which the defendant is represented by a federal defender or by other court-appointed counsel, upon oral or written request of counsel for issuance of five or less subpoenas for a hearing or trial, the clerk shall issue such subpoena(s) without the necessity for an individual court order. A request for more than five subpoenas requires prior court approval.

(b) Service

Upon presentation to the United States Marshal of such a subpoena, the Marshal shall serve said subpoena in the same manner as in other criminal cases pursuant to Fed. R. Crim. P. 17(b).

(c) Payment

Subpoenas issued under subsection (a) are issued upon approval of the court. Therefore, whether the subpoena is served by the Marshal or by another individual, upon presentation to the United States Marshal of a properly executed claim form, certified by the federal defender, an assistant federal defender, or by the clerk upon affidavit of other court- appointed counsel (see 28 U.S.C. §1825), the Marshal shall pay the fees of the witness so subpoenaed as provided in Fed. R. Crim. P. 17(b)).

17.1.1 Final Pretrial Conference

The court will hold a final pretrial conference approximately seven (7) days prior to trial.

24.1 Jury Selection

The parties shall file any requests for special voir dire no later than seven (7) days prior to trial.

26.1 [reserved]

(LCrR 26.1, Motions in Limine, relocated to LCrR 12.1(c) 1/1/08)

30.1 Jury Instructions

Parties shall file requests for jury instructions no later than on the first day of trial.  The parties shall submit only instructions concerning the elements of the offense and unusual evidentiary matters.  Requests for routine instructions are unnecessary and should not be filed.  Supplemental requests may be filed at the close of the evidence or at such time during trial as the court reasonably directs.

32.1 Guideline Sentencing

(a) Generally

Sentencing shall occur without unnecessary delay, but no more than fourteen (14) weeks (ninety-eight [98] days) following entry of a plea of guilty or nolo contendere, or a guilty verdict by a jury or the court, unless good cause is shown justifying sentencing at a later date. Any party filing a sentencing motion shall provide copies to all parties and the probation office. If the court delays sentencing, the date for disclosure of the presentence investigation report, filing of objections, and disclosure of a revised presentence investigation report shall be continued automatically.

(b) Presentence Investigation Report

The probation office shall prepare a presentence investigation report in every case unless the court finds that sufficient information exists in the record to enable the meaningful exercise of its sentencing authority pursuant to 18 U.S.C. § 3553. The probation office, during the presentence investigation, shall provide notice and a reasonable opportunity to defendant's counsel to attend any interview of the defendant.

(c) Written Version of Facts

No later than fourteen (14) days following a plea or verdict of guilty, the government shall provide the probation office with a written version of the facts of the case, including all relevant conduct. The government shall provide, at a minimum, the probation office with the same discovery materials it provided to the defendant. The prosecutor assigned to the case and the primary case agent shall make themselves reasonably available to the probation office to answer any inquiries.

(d) Disclosure of Presentence Investigation Report

No later than forty-two (42) days prior to the scheduled sentencing date, the probation officer shall disclose the initial presentence investigation report to the parties. One copy shall be given to counsel for the government. Two copies shall be given to defense counsel, who shall give one copy to the defendant for review. Defense counsel shall ensure that the defendant has timely reviewed and understands the presentence report.

(e) Objections to Presentence Investigation Report

No later than fourteen (14) days after receiving the initial presentence report, counsel for the government and counsel for the defendant shall deliver to the probation officer, and to each other, written objections of fact or guideline application to the initial presentence report. If counsel has no objections, counsel shall so notify the probation officer in writing. Delivery of said objections shall be made by mail, in person, or by facsimile transmission. A party waives any objection to the presentence report by failing to comply with this rule unless the court determines that the basis for the objection was not reasonably available prior to the deadline.

(f) Revised Presentence Investigation Report and Addendum

 If either party objects to the presentence report, the probation officer shall conduct such further inquiry as is necessary to attempt to resolve the objections raised. Such inquiry may involve further investigation as well as consultation with counsel. The probation officer shall make such revisions to the initial presentence report as are required by this further inquiry. The probation officer shall also prepare an addendum to the presentence report that shall address the objections raised by counsel and identify those issues that remain unresolved. The objections filed by counsel shall be attached to the addendum.

(g) Disclosure of Revised Presentence Investigation Report and Addendum

No later than fourteen (14) days prior to the scheduled sentencing date, the probation officer shall provide the revised presentence investigation report and addendum, together with the proposed sentencing options and supervision conditions, to the court and the parties. One copy shall be given to counsel for the government. Two copies shall be given to defense counsel, who shall give one copy to the defendant for review. Defense counsel shall ensure that the defendant has timely reviewed and understands the revised presentence report as well as any addenda.

(h) Nondisclosure to Parties of Probation Officer's Recommendation

The probation officer shall also provide the court with a recommendation as to sentence. Such recommendation shall not be disclosed to the parties except in probation and supervised release revocation proceedings.

(i) Deviations and Sentencing Memoranda

 Any party seeking a departure or a variance under the sentencing guidelines, or seeking to submit a sentencing memorandum, must file the motion or memorandum no later than ten (10) days before the date of the scheduled sentencing hearing and shall serve a copy upon opposing counsel and the probation officer. Any objections to the proposed sentencing options and supervised conditions must be included in the sentencing memorandum. Any motion for a departure or variance shall specify the grounds for relief and the legal authority for the departure or variance. A response to a motion for departure or variance shall be filed no later than four (4) days before the date of the scheduled sentencing hearing and shall be served upon opposing counsel and the probation officer.

(j) Acknowledgment of Proposed Sentencing Options and Supervised Conditions

At the sentencing hearing, the defendant shall execute and file Criminal Form 5.

History

(§ (h) amended 1/1/97; § (i) added 1/1/00; §§ (d) and (g) amended 1/1/05; § (i) amended 1/1/08, 12/1/09; §§ (a), (d), (g) and (i) amended 12/1/11; §§ (g) and (i) amended and (j) added 12/1/15)

32.2 Conditions of Probation and Supervised Release

The following are the standard conditions of probation and supervised release in this district:

 1. You must report to the probation office in the federal judicial district where you are authorized to reside within 72 hours of your release from imprisonment, unless the probation officer instructs you to report to a different probation office or within a different time frame.

2. After initially reporting to the probation office, you will receive instructions from the court or the probation officer about how and when you must report to the probation officer, and you must report to the probation officer as instructed.

3. You must not knowingly leave the federal judicial district where you are authorized to reside without first getting permission from the court or the probation officer.

4. You must answer truthfully the questions asked by your probation officer.

5. You must live at a place approved by the probation officer. If you plan to change where you live or anything about your living arrangements (such as the people you live with), you must notify the probation officer at least 10 days before the change. If notifying the probation officer in advance is not possible due to unanticipated circumstances, you must notify the probation officer within 72 hours of becoming aware of a change or expected change.

6. You must allow the probation officer to visit you at any time at your home or elsewhere, and you must permit the probation officer to take any items prohibited by the conditions of your supervision that he or she observes in plain view.

7. You must work full time (at least 30 hours per week) at a lawful type of employment, unless the probation officer excuses you from doing so. If you do not have full-time employment you must try to find full-time employment, unless the probation officer excuses you from doing so. If you plan to change where you work or anything about your work (such as your position or your job responsibilities), you must notify the probation officer at least 10 days before the change. If notifying the probation officer at least 10 days in advance is not possible due to unanticipated circumstances, you must notify the probation officer within 72 hours of becoming aware of a change or expected change.

8. You must not communicate or interact with someone you know is engaged in criminal activity. If you know someone has been convicted of a felony, you must not knowingly communicate or interact with that person without first getting the permission of the probation officer.

9. If you are arrested or questioned by a law enforcement officer, you must notify the probation officer within 72 hours.

10. You must not own, possess, or have access to a firearm, ammunition, destructive device, or dangerous weapon (i.e., anything that was designed, or was modified for, the specific purpose of causing bodily injury or death to another person such as nunchakus or tasers).

11. You must not act or make any agreement with a law enforcement agency to act as a confidential human source or informant without first getting the permission of the court.

12. If the probation officer determines that you pose a risk to another person (including an organization), the probation officer may require you to notify the person about the risk and you must comply with that instruction. The probation officer may contact the person and confirm that you have notified the person about the risk.

13. You must follow the instructions of the probation officer related to the conditions of supervision.

(§§ 6 and 7 amended 1/1/01; amended 11/1/16)

32.3 [reserved]

(Added 1/1/97)

32.4 Repayment of Financial Obligations

Repayment of financial obligations imposed by the court shall be applied in the following order:  (1) assessment; (2) restitution; (3) fine principal; (4) cost of prosecution; (5) interest; (6) penalties; and (7) reimbursement of attorney's fees.

40.1 Commitment to Another District

The magistrate judge is designated to conduct all necessary proceedings with regard to Fed. R. Crim. P. 40, Commitment to Another District, and prepare any orders attendant thereto.

(Added 1/1/97)

44.1 Appointment of Counsel

(a) Appointments

If a defendant is financially unable to retain private counsel, the defendant shall file a financial affidavit. The court shall appoint counsel if the defendant is unable to afford counsel. However, the court may order partial or complete reimbursement of fees incurred. The appointment will first be presented to the Federal Defender's office. If there is a conflict of interest or if the Federal Defender is otherwise unable to accept the appointment, counsel will be selected from the court's Criminal Justice Act (CJA) Panel.

(b) Filing of Voucher for Fees and Expenses

Counsel appointed under the CJA shall file their completed voucher for fees and expenses as soon as possible upon completion of services rendered but no later than forty-five (45) days from the date of disposition.

(c) Authorizations and Vouchers Under 18 U.S.C. § 3006A(d) and (e)

All requests made pursuant to 18 U.S.C.  § 3006A(d) and (e) shall be filed and maintained in the court's eVoucher application.

History

(§ (c) amended 1/1/03; titled and  § (c) amended 12/1/15)

44.2 [reserved]

(Added 1/1/97)

44.3 Withdrawal of Appearances

Counsel must obtain leave of court to withdraw an appearance.

45.1 Computation of Time

Wherever in these rules reference is made to filing, time periods shall be determined in accordance with Fed. R. Crim. P. 45(a).  All time periods running from the date of service shall be determined in accordance with Fed. R. Crim. P. 45(a) and (c).  Rule 45(c) does not apply to time periods calculated from the date of filing.  The last day for documents submitted using the 24-hour depository shall end at midnight local time unless a different time is established by court order. 

 (Added 1/1/03; amended 12/1/09, 12/1/11)

46.1 Conditions of Bail

Any items surrendered as a condition of bail shall be returned only pursuant to written order of the court.

48.1 Dismissal

The government shall file written dismissals or shall orally request dismissal of any counts left unresolved at the time of sentencing.  Unless expressly reserved for future prosecution by the government, any counts or charges not disposed of by oral or written motion at the sentencing hearing shall be deemed dismissed with prejudice and shall be so included in the judgment issued by the court.

(Amended 12/1/11)

57.1 Release of Information in Criminal Cases

(a) By Counsel

Counsel shall not release or authorize the release of information or opinion in connection with pending or imminent criminal litigation if there is a reasonable likelihood that dissemination of such information or opinion will interfere with a fair trial or otherwise prejudice the due administration of justice.

Counsel participating in, or associated with, a pending criminal 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 unless the statement 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 to aid in the investigation.

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 shall not release or authorize the release of any extrajudicial statement, which a reasonable person would expect to be disseminated by any means of public communication, relating to that matter and concerning:

(1) the prior criminal record (including arrest, 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 government may release any information necessary to aid in the apprehension or to warn the public of any dangers which may be 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 any examination or test;

(4) the identity, testimony, or credibility of prospective witnesses, except that the lawyer of 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; and

(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 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 charges made.

A lawyer involved in the investigation or litigation of a matter may state without elaboration the general nature of the claim or defense; the information contained in a public record; and that an investigation of the matter is in progress, including the general scope of the investigation, the offense or claim or defense involved and, except when prohibited by law, the identity of the persons involved.

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 any 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.

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 that lawyer.

(b) By Courthouse Personnel

All court supporting personnel, including among others, United States marshals, deputy marshals, court security officers, the clerk and deputy clerks, secretaries, law clerks, typists, court reporters, and employees or subcontractors retained by the court-appointed official reporters are prohibited from disclosing to any person, without specific authorization by the court, any information relating to a pending grand jury proceeding or criminal case that is not part of the public records of the court. This rule specifically forbids, but is not limited to, the divulgence of information concerning grand jury proceedings and arguments and hearings held in chambers or otherwise outside the presence of the public.

History

(Amended 1/1/97)

57.2 [Renumbered to LCrR 12.4(a) 1/1/03]

57.3 [Renumbered to LCrR 12.4(b) 1/1/03]

58.1 Procedure for Misdemeanors & Other Petty Offenses; Payment in Lieu of Collateral

The court adopts the Schedules for Forfeiture of Collateral as may be amended from time to time.  Said schedules shall be maintained by the clerk for public inspection.  Under these schedules, in suitable cases, the payment of a fixed sum in lieu of appearance may be accepted and the proceedings terminated.

 (Added 1/1/97)