Gag order in the Dallas City Hall public corruption case
Content
Case 3:07-cr-00289-M
Document 822
Filed 06/12/2009
Page 1 of 2
IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS DALLAS DIVISION
UNITED STATES OF AMERICA v. DONALD HILL, ET AL.
§ § § § § § §
Criminal No. 3:07-CR-289-M
ORDER RE: EXTRAJUDICIAL STATEMENTS For good cause shown, the Court hereby finds that: 1. This case has generated extensive local publicity in both the print and broadcast media. This pervasive publicity can be expected to continue during the pendency of the action. 2. There is a substantial likelihood that certain forms of publicity, that is, extrajudicial statements by Counsel and Defendants to members of the press, could impair the rights of Defendants, the Government, and the public to a fair trial by an impartial jury. 3. To protect that right to a fair trial, it is necessary for the Court to take limited steps to restrain Counsel and Defendants from making prejudicial statements to the press. 4. The limited protective order to be made herein is expected to ensure a fair trial, and measures less restrictive than this order would not be expected to achieve that result. Accordingly, it is hereby ORDERED that: 1. This order is binding on Defendants and all attorneys for the Government and the defense, and on all employees, representatives, or agents of such attorneys. It shall remain in force during the pendency of this action or until further order of this Court.
Case 3:07-cr-00289-M
Document 822
Filed 06/12/2009
Page 2 of 2
2. No person covered by this order shall make any statement to members of any television, radio, newspaper, magazine, internet (including, but not limited to, bloggers), or other media organization about this case, other than matters of public record, that could interfere with a fair trial or otherwise prejudice Defendants, the Government, or the administration of justice. 3. Counsel are reminded of their ethical duties and obligations as set forth in Texas Disciplinary Rules of Professional Conduct, Rule 3.07, Trial Publicity. Counsel who are not members of the State Bar of Texas are on notice that they will be held to the same standards as set forth in this Rule. 4. Parties may discuss, without elaboration or any kind of characterization, information contained in the public record; scheduling information; and any decision or order by the Court that is a matter of public record. 5. No person covered by this order shall avoid or circumvent its effect by actions that indirectly, but deliberately, bring about a violation of this order. 6. If any person believes that events have occurred that should result in a modification of this order, such person may seek relief from the Court.
A copy of this order shall be served on Defendants and all counsel for the Government and Defendants immediately upon its entry.
SO ORDERED this 12th day of June, 2009.
_________________________________ BARBARA M. G. LYNN UNITED STATES DISTRICT JUDGE NORTHERN DISTRICT OF TEXAS
Document 822
Filed 06/12/2009
Page 1 of 2
IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS DALLAS DIVISION
UNITED STATES OF AMERICA v. DONALD HILL, ET AL.
§ § § § § § §
Criminal No. 3:07-CR-289-M
ORDER RE: EXTRAJUDICIAL STATEMENTS For good cause shown, the Court hereby finds that: 1. This case has generated extensive local publicity in both the print and broadcast media. This pervasive publicity can be expected to continue during the pendency of the action. 2. There is a substantial likelihood that certain forms of publicity, that is, extrajudicial statements by Counsel and Defendants to members of the press, could impair the rights of Defendants, the Government, and the public to a fair trial by an impartial jury. 3. To protect that right to a fair trial, it is necessary for the Court to take limited steps to restrain Counsel and Defendants from making prejudicial statements to the press. 4. The limited protective order to be made herein is expected to ensure a fair trial, and measures less restrictive than this order would not be expected to achieve that result. Accordingly, it is hereby ORDERED that: 1. This order is binding on Defendants and all attorneys for the Government and the defense, and on all employees, representatives, or agents of such attorneys. It shall remain in force during the pendency of this action or until further order of this Court.
Case 3:07-cr-00289-M
Document 822
Filed 06/12/2009
Page 2 of 2
2. No person covered by this order shall make any statement to members of any television, radio, newspaper, magazine, internet (including, but not limited to, bloggers), or other media organization about this case, other than matters of public record, that could interfere with a fair trial or otherwise prejudice Defendants, the Government, or the administration of justice. 3. Counsel are reminded of their ethical duties and obligations as set forth in Texas Disciplinary Rules of Professional Conduct, Rule 3.07, Trial Publicity. Counsel who are not members of the State Bar of Texas are on notice that they will be held to the same standards as set forth in this Rule. 4. Parties may discuss, without elaboration or any kind of characterization, information contained in the public record; scheduling information; and any decision or order by the Court that is a matter of public record. 5. No person covered by this order shall avoid or circumvent its effect by actions that indirectly, but deliberately, bring about a violation of this order. 6. If any person believes that events have occurred that should result in a modification of this order, such person may seek relief from the Court.
A copy of this order shall be served on Defendants and all counsel for the Government and Defendants immediately upon its entry.
SO ORDERED this 12th day of June, 2009.
_________________________________ BARBARA M. G. LYNN UNITED STATES DISTRICT JUDGE NORTHERN DISTRICT OF TEXAS
