Conduct of Attorneys

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Part II. ConDuCt of attorneys
Standard 8-2.1. Conduct by Lawyers Participating in
a Criminal Matter
(a) Subject to any additional limitations imposed by local or pro-
fessional rules, during the pendency of a criminal matter, a lawyer
participating in that criminal matter should not make, cause to be
made, condone or authorize the making of a public extrajudicial
statement if the lawyer knows or reasonably should know that it
will have a substantial likelihood of:
(i) influencing the outcome of that or any related criminal
trial or prejudicing the jury venire, even if an untainted
panel ultimately can be found;
(ii) unnecessarily heightening public condemnation of a
defendant or a person or entity who has been publicly
identified in the context of a criminal investigation, or
of a witness or victim; or
(iii) undermining the public’s respect for the judicial process.
As a general matter, lawyers participating in a criminal matter
should consult with their supervisors prior to making any public
extrajudicial statements.
(b) During the pendency of a criminal matter, a lawyer partici-
pating in that criminal matter should make reasonable efforts to
prevent investigators, law enforcement personnel, employees, or
other persons assisting or associated with the lawyer from making
a public extrajudicial statement that the lawyer would be prohib-
ited from making under these Standards or other applicable rules
of professional conduct, or engaging in conduct prohibited by these
Standards.
(c) This Standard should not be construed as prohibiting a lawyer
participating in a criminal matter from releasing or authorizing the
release of a record or document that the lawyer is required to release
under state open records laws or the federal Freedom of Informa-
tion Act, upon receipt of a proper request. A lawyer participating
in a criminal matter should not place statements or evidence into
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