[Code of Federal Regulations]
[Title 32, Volume 5]
[Revised as of July 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 32CFR776.45]

[Page 524-525]
 
                       TITLE 32--NATIONAL DEFENSE
 
                   CHAPTER VI--DEPARTMENT OF THE NAVY
 
PART 776_PROFESSIONAL CONDUCT OF ATTORNEYS PRACTICING UNDER THE 
 
                 Subpart B_Rules of Professional Conduct
 
Sec. 776.45  Extra-tribunal statements.

    (a) Extra-tribunal statements:
    (1) A covered attorney shall not make an extrajudicial statement 
about any person or case pending investigation or adverse administrative 
or disciplinary proceedings that a reasonable person would expect to be 
disseminated by means of public communication if the covered attorney 
knows or reasonably should know that it will have a substantial 
likelihood of materially prejudicing an adjudicative proceeding or an 
official review process thereof.
    (2) A statement referred to in paragraph (a)(1) of this section 
ordinarily is likely to have such an effect when it refers to a civil 
matter triable to a jury, a criminal matter, or any other proceeding 
that could result in incarceration, discharge from the Naval service, or 
other adverse personnel action, and the statement relates to:
    (i) The character, credibility, reputation, or criminal record of a 
party, suspect in a criminal investigation, victim, or witness, or the 
identity of a victim or witness, or the expected testimony of a party, 
suspect, victim, or witness;
    (ii) The possibility of a plea of guilty to the offense or the 
existence or contents of any confession, admission, or statement given 
by an accused or suspect or that person's refusal or failure to make a 
statement;
    (iii) The performance or results of any forensic examination or test 
or the refusal or failure of a person to submit to an examination or 
test, or the identity or nature of physical evidence expected to be 
presented;
    (iv) Any opinion as to the guilt or innocence of an accused or 
suspect in a criminal case or other proceeding that could result in 
incarceration, discharge from the Naval service, or other adverse 
personnel action;
    (v) Information the covered attorney knows or reasonably should know 
is likely to be inadmissible as evidence before a tribunal and would, if 
disclosed, create a substantial risk of materially prejudicing an 
impartial proceeding;
    (vi) The fact that an accused has been charged with a crime, unless 
there is included therein a statement explaining that the charge is 
merely an accusation and that the accused is presumed innocent until and 
unless proven guilty; or
    (vii) The credibility, reputation, motives, or character of civilian 
or military officials of the Department of Defense.
    (3) Notwithstanding paragraphs (a)(1) and (a)(2)(i) through 
(a)(2)(vii) of this section, a covered attorney involved in the 
investigation or litigation of a matter may state without elaboration:
    (i) The general nature of the claim, offense, or defense;
    (ii) The information contained in a public record;
    (iii) That an investigation of the matter is in progress, including 
the general scope of the investigation, the offense or claim or defense 
involved and, except when prohibited by law or regulation, the identity 
of the persons involved;
    (iv) The scheduling or result of any step in litigation;
    (v) A request for assistance in obtaining evidence and information 
necessary thereto;
    (vi) A warning of danger concerning the behavior of the 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
    (vii) In a criminal case, in addition to paragraphs (a)(3)(i) 
through (a)(3)(vi) of this section:
    (A) The identity, duty station, occupation, and family status of the 
accused;
    (B) If the accused has not been apprehended, information necessary 
to aid in apprehension of that person;
    (C) The fact, time, and place of apprehension; and (D) The identity 
of investigating and apprehending officers or agencies and the length of 
the investigation.
    (4) Notwithstanding paragraphs (a)(1) and (a)(2)(i) through 
(a)(2)(vii) of this

[[Page 525]]

section, a covered attorney may make a statement that a reasonable 
covered attorney would believe is required to protect a client from the 
substantial undue prejudicial effect of recent publicity not initiated 
by the covered attorney or the attorney's client. A statement made 
pursuant to this paragraph shall be limited to such information as is 
necessary to mitigate the recent adverse publicity.
    (5) The protection and release of information in matters pertaining 
to the DON is governed by such statutes as the Freedom of Information 
Act and the Privacy Act, in addition to those governing protection of 
national defense information. In addition, other laws and regulations 
may further restrict the information that can be released or the source 
from which it is to be released (e.g., the Manual of the Judge Advocate 
General).
    (b) [Reserved]