DR 7-107 Trial Publicity.

(A) A lawyer participating in or associated with the investigation of a criminal matter shall not make or participate in making an extrajudicial statement that a reasonable person would expect to be disseminated by means of public communication and that does more than state without elaboration.

  1. Information contained in a public record.
  2. That the investigation is in progress.
  3. The general scope of the investigation including a description of the offense and, if permitted by law, the identity of the victim.
  4. A request for assistance in apprehending a suspect or assistance in other matters and the information necessary thereto.
  5. A warning to the public of any dangers.

(B) A lawyer or law firm associated with the prosecution or defense of a criminal matter shall not, from the time of the filing of a complaint, information, or indictment, the issuance of an arrest warrant, or arrest until the commencement of the trial or disposition without trial, make or participate in making an extrajudicial statement that a reasonable person would expect to be disseminated by means of public communication and that relates to:

  1. The character, reputation, or prior criminal record (including arrests, indictments, or other charges of crime) of the accused.
  2. The possibility of a plea of guilty to the offense charged or to a lesser offense.
  3. The existence or contents of any confession, admission, or statement given by the accused or his refusal or failure to make a statement.
  4. The performance or results of any examinations or tests or the refusal or failure of the accused to submit to examinations or tests.
  5. The identity, testimony, or credibility of a prospective witness.
  6. Any opinion as to the guilt or innocence of the accused, the evidence, or the merits of the case.

(C) DR 7-107(B) does not preclude a lawyer during such period from announcing:

  1. The name, age, residence, occupation, and family status of the accused.
  2. If the accused has not been apprehended, any information necessary to aid in his apprehension or to warn the public of any dangers he may present.
  3. A request for assistance in obtaining evidence.
  4. The identity of the victim of the crime.
  5. The fact, time, and place of arrest, resistance, pursuit, and use of weapons.
  6. The identity of investigating and arresting officers or agencies and the length of the investigation.
  7. At the time of seizure, a description of the physical evidence seized, other than a confession, admission, or statement.
  8. The nature, substance, or text of the charge.
  9. Quotations from or references to public records of the court in the case.
  10. The scheduling or result of any step in the judicial proceedings.
  11. That the accused denies the charges made against him.

(D) During the selection of a jury or the trial of a criminal matter, a lawyer or law firm associated with the prosecution or defense of a criminal matter shall not make or participate in making an extrajudicial statement that relates to the trial, parties, or issues in the trial or other matters that are reasonably likely to interfere with a fair trial, except that he may quote from or refer without comment to public records of the court in the case.

(E) After the completion of a trial or disposition without trial of a criminal matter and prior to the imposition of sentence, a lawyer or law firm associated with the prosecution or defense shall not make or participate in making an extrajudicial statement that a reasonable person would expect to be disseminated by means of public communication and that relates to the trial, parties, or issues in the trial or other matters that are reasonably likely to interfere with a fair trial, except that he may quote from or refer without comment to public records of the court in the case.

(F) The foregoing provisions of DR 7-107 also apply to professional disciplinary proceedings and juvenile disciplinary proceedings when pertinent and consistent with other law applicable to such proceedings.

(G) A lawyer or law firm associated with a civil action shall not during its investigation or litigation make or participate in making an extrajudicial statement, other than a quotation form or reference to public records, that a reasonable person would expect to be disseminated by means of public communication and that relates to:

  1. Evidence regarding the occurrence or transaction involved.
  2. The character, credibility, or criminal record of a party, witness, or prospective witness.
  3. The performance or results of any examinations or tests or the refusal or failure of a party to submit to such.
  4. His opinion as to the merits of the claim or defenses of a party, except as required by law or administrative rule.
  5. Any other matter reasonably likely to interfere with a fair trial of the action.

(H) During the pendency of an administrative proceeding, a lawyer or law firm associated therewith shall not make or participate in making a statement, other than a quotation form or reference to public records, that a reasonable person would expect to be disseminated by means of public communication if it is made outside the official course of the proceeding and relates to:

  1. Evidence regarding the occurrence or transaction involved.
  2. The character, credibility, or criminal record of a party, witness, or prospective witness.
  3. Physical evidence or the performance or results of any examinations or tests or the refusal or failure of a party to submit to such.
  4. His opinion as to the merits of the claims, defenses, or positions of an interested person.
  5. Any other matter reasonably likely to interfere with a fair hearing.

(I) The foregoing provisions of DR 7-107 do not preclude a lawyer from replying to charges of misconduct publicly made against him or from participating in the proceedings of legislative, administrative, or other investigative bodies.

(J) A lawyer shall exercise reasonable care to prevent his employees and associates from making an extrajudicial statement that he would be prohibited from making under DR 7-107.