1990 Illinois Rules of Professional Conduct
(a) A lawyer who is participating or has participated
in the investigation or litigation of a matter shall not make an
extrajudicial statement that a reasonable person would expect to
the lawyer knows or reasonably should
know will be
disseminated by means of public communication if the lawyer knows or
reasonably should know that it
and would pose a serious and imminent threat to
the fairness of an adjudicative proceeding
in the matter.
(b) There are certain subjects which would pose a
serious and imminent threat to the fairness of a proceeding, particularly
when they refer to a civil matter triable to a jury, or a criminal matter.
These subjects relate to:
(1) the character, credibility, reputation or criminal
record of a party, suspect in a criminal investigation or witness, or the
identity of a witness, or the expected testimony of a party or witness;
(2) in a criminal case, the possibility of a plea of
guilty to the offense or the existence or contents of any confession,
admission, or statement given by a defendant or suspect or that person's
failure to make a statement;
(3) the performance or results of any examination or
test or the failure of a person to submit to an examination or test, or the
nature of physical evidence expected to be presented;
(4) any opinion as to the guilt or innocence of a
defendant or suspect in a criminal case;
(5)
information that the lawyer knows or reasonably
should know is likely to be inadmissible as evidence in a trial; or
(6)
the fact that a defendant has been charged with a
crime, unless there is included therein a statement explaining that the
charge is merely an accusation and that the defendant is presumed innocent
unless proven guilty.
(c) (b) Notwithstanding paragraph (a), a lawyer may state:
(1) the claim, offense or defense involved and, except
when prohibited by law, the identity of the persons involved;
(2) information contained in a public record;
(3)
that an investigation of a matter is in progress;
(4)
the scheduling or result of any step in
litigation;
(5) a request for assistance in obtaining evidence and
information necessary thereto;
(6) a warning of danger concerning the behavior of a
person involved, when there is reason to believe that there exists the
likelihood of substantial harm to an individual or to the public interest;
and
(7) in a criminal case, in addition to subparagraphs
(1) through (6);
(i) the identity, residence, occupation, and family
status of the accused,
(ii) if the accused has not been apprehended,
information necessary to aid in apprehension of that person,
(iii) the fact, time, and place of arrest,
; and
(iv) the identity of investigating and arresting
officers or agencies and the length of the investigation.
(d) (c)
Notwithstanding paragraph (a), a lawyer may make a
statement that a reasonable lawyer would believe is required to protect a
client from the substantial undue prejudicial effect of recent publicity not
initiated by the lawyer or the lawyer's client. A statement made pursuant
to this paragraph shall be limited to such information as is necessary to
mitigate the recent adverse publicity.
(e) (d)
No lawyer
associated in a firm, or government agency, or
otherwise associated with a lawyer subject to paragraph (a) shall make a
statement prohibited by paragraph (a).
Adopted February 8, 1990, effective
August 1, 1990; amended October 22, 1999, effective December 1, 1999; stayed
November 23, 1999, stay lifted March 16, effective immediately..