Chapter §21.7 Other Rules and Procedures

• Jurisdiction: Washington

§21.7 OTHER RULES AND PROCEDURES

In the Western District of Washington, the federal courts have adopted CrR 53(d), entitled "Pretrial Publicity," which provides:

Nothing in this rule or in any other criminal rule of this court is intended to restrict the media's right to full pretrial coverage of news pursuant to the First Amendment of the United States Constitution. To assure this right, notice of presentation to the court of any motion for an order affecting the news media's right to full pretrial coverage of pending or impending criminal proceedings must be served by movant upon designated representatives of the principal public media at least twenty-four hours prior to presentation. The designated representative or representatives shall have the right to be heard by the court, in open court, at the time the motion is presented.

W.D. Wash. CrR 53(d).

United States Justice Department regulations forbid a U.S. Attorney from moving for or consenting to a court closure order without meeting specific tests and obtaining approval from higher Justice Department authorities. See 28 C.F.R. § 50.9. The rule applies to all federal trials, pretrial and posttrial evidentiary proceedings...