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Local Criminal Rules As Amended July 1999 [Note to counsel: While Title II of the Local Rules, which follows, governs practice in criminal cases in the District of Maryland, the terms of those Rules make clear that other titles of the Local Rules also are applicable to criminal cases. Counsel should consult the full text of those Rules, which are available from the Clerk or are downloadable at the Court's website.]
Rule 202. General Filing and Service Requirements Rule 204. Release of Information by Attorneys
Rule 205. Release of Information by Court Personnel
Rule 208. Arrest to Arraignment
Rule 214. Disposition of Exhibits Any attorney who meets the qualifications for admission to the bar of this Court may represent a defendant in a criminal case. Counsel for indigent defendants shall be appointed in accordance with the procedures established by the plan as adopted and amended by the Court from time to time pursuant to 18 U.S.C. § 3006A. The plan is available for public inspection in the Clerk's Office. Counsel for a defendant may withdraw their appearance only with leave of Court. Rule 202. General Filing and Service Requirements The provisions of L.R. 102 (other than the requirement of L.R. 102.1.a.i that where a party is represented by Counsel, all papers filed with the Clerk must be signed by a member of the Bar of this Court) apply to criminal proceedings. The order establishing time limits and procedures to assure the prompt disposition of criminal cases and certain juvenile proceedings as adopted and amended from time to time by Court order is available for public inspection in the Clerk's Office. Rule 204. Release of Information by Attorneys 1. Generally An attorney shall not directly or indirectly release or authorize the public release of any information or opinion concerning any imminent or pending criminal litigation if there is a reasonable likelihood that the release of the information or opinion will interfere with a fair trial or otherwise prejudice the due administration of justice. 2. Investigations Any attorney participating in any grand jury or other investigation shall not make any extra-judicial public statement which goes beyond the public record or which is not necessary to inform the public that the investigation is underway, to describe the general scope of the investigation, to obtain assistance in the apprehension of a suspect, to warn the public of any danger, or otherwise to aid in the progress of the investigation. From the time of arrest, issuance of an arrest warrant or the filing of a complaint, information, or indictment in any criminal matter until the commencement of trial or disposition without trial, a lawyer associated with the prosecution or defense shall not release or authorize the release, for dissemination by any means of public communication, of any extra-judicial statement concerning: a. The prior criminal record (including arrests, indictments, or other charges of crime), or the character or reputation of the accused, except that the lawyer may make a factual statement of the accused's name, age, residence, occupation, and family status, and if the accused has not been apprehended, a lawyer associated with the prosecution may release any information necessary to aid in the apprehension or to warn the public of any dangers that person may present; b. The existence or contents of any confession, admission, or statement given by the accused, or the refusal or failure of the accused to make any statement; c. The performance of any examinations or tests or the accused's refusal or failure to submit to an examination or test; d. The identity, testimony, or credibility of prospective witnesses, except that the lawyer may announce the identity of the victim if the announcement is not otherwise prohibited by law; e. The possibility of a plea of guilty to the offense charged or a lesser offense; f. Any opinion as to the accused's guilt or innocence or as to the merits of the case or the evidence in the case. The foregoing shall not be construed to preclude the lawyer, in the proper discharge of official or professional obligations, from announcing the fact and circumstances of arrest (including time and place of arrest, resistance, pursuit, and use of weapons), the identity of the investigating and arresting officer or agency, and the length of the investigation; from making an announcement, at the time of seizure of any physical evidence other than a confession, admission or statement, which is limited to a description of the evidence seized; from disclosing the nature, substance, or text of the charge, including a brief description of the offense charged; from quoting or referring without comment to public court records in the case; from announcing the scheduling or result of any stage in the judicial process; from requesting assistance in obtaining evidence; or from announcing without further comment that the accused denies the charges which have been made. During a jury trial, including the period of selection of the jury, no lawyer associated with the prosecution or defense shall give or authorize any extra-judicial statement or interview, relating to the trial or the parties or issues in the trial, for dissemination by any means of public communication, except that the lawyer may quote from or refer without comment to public court records in the case. Nothing in this Rule is intended to preclude the formulation or application of more restrictive rules relating to the release of information about juvenile or other offenders, to preclude the holding of hearings or the lawful issuance of reports by legislative, administrative, or investigative bodies, or to preclude any lawyer from replying to any public charges of misconduct that are made. Any violation of this Rule may be treated as a contempt of Court and may subject the violator to the disciplinary action of the Court. Rule 205. Release of Information by Court Personnel No person associated with the Court, including any member of the Clerk's Office, of the U.S. Marshal's Office, the staff of any Judge or Magistrate Judge, and any court reporter shall directly or indirectly disclose to any person, without prior authorization by the Court, any information relating to a pending investigation or case which is not part of the public court records. By way of illustration and not by way of limitation, no Court personnel shall divulge any information concerning arguments and hearings held in chambers or otherwise outside the presence of the public. 1. Grounds for Insufficiency a. Property Otherwise Pledged Unless otherwise ordered by the Court, property serving as security for bail pledged in any other Court shall not be accepted as security for bail ordered in this Court. b. Person Acting Under Power of Attorney Bail shall not be taken from a person under a power of attorney or other written instrument, save in cases of corporate surety where the power of attorney or written instrument has first been filed with and approved by the Clerk. 2. Traffic Offenses If any person taken into custody for violation of any traffic law or regulation triable before a United States Magistrate Judge is a member of a travel club, automobile association or other organization providing its members with guaranteed appearance bond service and if the terms and conditions of such service are set forth on the defendant's membership card, the membership card may be accepted, in accordance with its terms and conditions and subject to its monetary limits, in lieu of cash or corporate undertaking. The card shall be retained by the judicial officer setting bail and shall be transmitted forthwith to the organization issuing it, according to its established procedures, in exchange for other security to be furnished to the Court. 3. Forfeiture Procedure a. General When a bail is forfeited by order of the Court, the Clerk shall send to the defendant, defense counsel, and the surety a copy of the forfeiture order by regular mail. Within ten days of the date of the order, the surety shall either produce the defendant in Court or shall deposit in the registry of the Court the sum forfeited. A surety who fails to comply with this requirement within the ten-day period shall be prohibited from writing any other bails in this Court until compliance has been accomplished. In the case of a corporate surety, this provision shall apply both to the bondsman and the corporate surety. b. Judgment by Default. Judgment by default upon any forfeiture shall be entered in accordance with the provisions of Fed. R. Crim. P. 46(e)(3). 4. Prepayment of Fees The Marshal may require any party (other than one whom the Court has found to be indigent) to pay or secure fees and expenses before serving any writ. The provisions of L.R. 105 (except L.R. 105.8) apply to criminal proceedings. Rule 208. Arrest to Arraignment [Reserved for Future Use] [Reserved for Future Use] The provisions of L.R. 106.7 (to the extent that under otherwise applicable law exhibits must be disclosed prior to trial) and L.R. 106.8 apply to criminal proceedings. The provisions of L.R. 107.2, 107.5(a), and 107.5(b) (to the extent that under otherwise applicable law exhibits must be disclosed prior to trial), 107.5(c), 107.6, 107.7, 107.8, 107.9, 107.10, 107.11, 107.12, 107.13, 107.14, and 107.16 apply to criminal proceedings. [Reserved for Future Use] 1. Confidentiality of Presentence, Supervised Release, and Probation Records a. Generally Unless the Court orders that a presentence report, supervised release report, violation report, probation record, or portion thereof be placed in the public record, such report or record is a confidential internal Court document to which the public has no right of access. Except as otherwise authorized by Fed. R. Crim. P. 32(c), by this Rule or otherwise by law, the probation department shall not, unless otherwise ordered by the Court, disclose to any person any such report or record. b. Procedure Upon Demand by Judicial Process When the production of a presentence report, supervised release report, violation report, probation record, or portion thereof, or the testimony of a probation officer concerning information learned during the performance of official duty is commanded by subpoena or other judicial process, the probation officer shall seek instruction from the Court and request that the Court issue an appropriate order. Except in the most unusual circumstances, the Court shall order that the probation officer be excused from honoring the subpoena or other judicial process and that the requested disclosure not be made. c. Limited Disclosure by Direction of the Chief Probation Officer The Chief Probation Officer may authorize the disclosure of a presentence report, supervised release report, violation report, probation record, or portion thereof, to law enforcement agencies, rehabilitation agencies and bona fide research agencies for use in the normal course of their duties. If authorizing such a disclosure, the Chief U.S. Probation Officer shall promulgate written guidelines to assure the security and confidentiality of the disclosed information. d. Disclosure Under 18 U.S.C. § 4208(b) In any case governed by 18 U.S.C. § 4208(b) (repealed by Pub. L. 98-473), a copy of a presentence report may be furnished by the Probation Office to the United States Parole Commission or to the Bureau of Prisons for the sole purpose of performing their official duties relating to parole. The copy shall be deemed to have been lent to the Parole Commission and the Bureau of Prisons and to remain under the continuing control of the Court during the time that it is in the temporary custody of those agencies. Any copy lent to the Parole Commission and the Bureau of Prisons shall contain a legend, in a form prescribed by the Chief Probation Officer, restricting the use of the report. e. Non-disclosure of Probation Officer's Recommendations Unless otherwise ordered in a particular case by the Court, the probation officer's recommendation on the sentence is not to be disclosed to the defendant, the defendant's counsel, or the attorney for the government. 2. Entry of Scheduling Order In any case governed by the Sentencing Guidelines promulgated by the United States Sentencing Commission, the Court shall enter an order relating to the sentencing process, in a form prescribed by the Court en banc, at the time of entry of a plea of nolo contendere or guilty or after a verdict of guilty after trial. The form of order is available for public inspection in the Clerk's Office. 3. Misdemeanor Cases Pursuant to Section 6A1.2(d) of the Sentencing Guidelines and Policy Statements of the United States Sentencing Commission, in any case for which there has been no conviction above the level of a Class A misdemeanor, (which includes all misdemeanors and infractions), the judicial officer may permit the parties to make oral statements at or before sentencing of the sentencing factors to be relied upon at sentencing in lieu of a written statement. Pursuant to Section 6B1.4(c) of the Sentencing Guidelines and Policy Statements of the United States Sentencing Commission, a judicial officer taking a plea of guilty or nolo contendere pursuant to a plea agreement, for any offense or offenses not above the level of a Class A misdemeanor (which includes all misdemeanors and infractions), may permit the parties to make any required stipulation of facts relative to sentencing orally, on the record, at the time the plea agreement is offered, in lieu of a written stipulation. Rule 214. Disposition of Exhibits The provisions of L.R. 113 apply to criminal proceedings. |
