Conduct of Judicial Proceedings in Criminal Cases

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Part V. ConDuCt of JuDICIal ProCeeDInGs

In CrImInal Cases

Standard 8-5.1. Prior Restraints

(a) Protecting the fairness of a criminal trial is by itself an insuf-

ficient basis for rules or judicial orders prohibiting members of the

public from disseminating or otherwise making available by means

of public communication any information in their possession relat-

ing to a criminal matter.

(b) If a lawyer participating in a criminal matter, or other per-

son subject to these Standards, has repeatedly violated these Stan-

dards, a judicial order restraining such persons from making further

public statements or disclosing non-public information in viola-

tion of these Standards may be appropriate. Such orders should be

used sparingly and, when used, should be specific in describing to

whom the order applies and what statements are prohibited. Prior to

issuing such an order, the court should provide notice and an oppor-

tunity to be heard to those who would be affected by the proposed

order and the public. Any such order should include written find-

ings sufficient to justify its issuance, including that continued viola-

tions create a substantial danger to the fairness of the trial or other

compelling interest, that the proposed order will effectively prevent

or substantially lessen the potential harm, and that there is no less

restrictive alternative reasonably available to prevent that harm.

Standard 8-5.2. Public Access to Judicial Proceedings

and Related Documents and Exhibits

(a) Subject to the limitations set forth below, in any criminal

matter, the public presumptively should have access to all judicial

proceedings, related documents and exhibits, and any record made

thereof not otherwise required to remain confidential. A court may

impose reasonable time, place and manner limitations on public

access.

(b) A court may issue a closure order to deny access to the public

to specified portions of a judicial proceeding or to a related docu-

ment or exhibit only after:

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