Replies

jmoo of the CTV boards does it again!!

The long awaited order!!

Titus' Order to Comply w/ RPC 3.6
FILED 06 JUL 17 PM 2:57 DURHAM COUNTY, C.S.C

ORDER REQUIRING COMPLIANCE WITH RULE 3.6
OF THE
NORTH CAROLINA REVISED RULES OF PROFESSIONAL CONDUCT

This criminal matter is before the Court upon the Court’s Motion, sua sponte, as a result of the extensive pre-trial publicity that the Court has observed in the new media. The District Attorney and counsel for the defendants were present in the Superior Court for Durham County for the Administrative Calendar of July 17, 2006.

The Court takes judicial notice of and finds the following facts:

1. The defendants stand indicted for first degree rape, first degree sexual offense, and first degree kidnapping.

2. Since the time of the alleged incident and the arrest of the defendants soon thereafter, there has been extensive news media coverage of these events in the local, state, national, and international media. Coverage has included statements by the District Attorney, the defendants, their attorneys, potential witnesses, and other interested parties, including the release of information and disclosure of matters which may be offered as evidence in the case as well as matter which may not be admissible as evidence under current law.

3. While the Court makes no findings with respect to the propriety of prior statements by the parties to this action, or the previous release of information; future disclosure of information otherwise prohibited by Rule 3.6 of the Revised Rules of Professional Conduct pertaining to trial publicity will have a substantial likelihood of materially prejudicing the trial of this matter, rendering it difficult to secure a panel of potential jurors free from partiality, bias and prejudice.

4. In open Court, all counsel were informed that the provisions of Rule 3.6 of the North Carolina Revised Rules of Professional Conduct limiting trial publicity to specifically enumerated matters will be strictly enforced in order that both the defendants and the State will receive a fair and impartial trial. No less restrictive alternative is available.

Based upon the forgoing findings of fact, the Court makes the following:

CONCLUSIONS OF LAW

1. This Court has jurisdiction over the person of the defendants and the subject matter in the above-entitled criminal matters.

2. Counsel for the State and counsel for the defendants are duly bound by law to limit any communication with the news media to the subjects specifically permitted by Rule 3.6 of the North Carolina Revised Rules of Professional Conduct of the North Carolina State Bar, approved and adopted by Order of the Supreme Court of North Carolina.

3. In order to provide for a fair trial, the following Order should be entered.

IT IS, THEREFORE, ORDERED:

1. Counsel for the State of North Carolina and counsel for the defendants, the employees and agents of the State, the employees and agents of counsel for the defendants, and any witnesses for the State or the defendants, are hereby restrained and enjoined from communicating with the news media concerning the above-entitled criminal action except as specifically permitted by the provisions of Rule 3.6 of the North Carolina Revised Rules of Professional Conduct.

2. Counsel for the State and counsel for the defendants shall be responsible for communicating the content of this Order to their agents, employees, and witnesses.

3. A violation of this Order shall subject the person or persons in violation thereof to the contempt powers of the Court.

4. A copy of this Order shall be sent by the Clerk to counsel for the State and counsel for the defendants.

This is the 17th day of July, 2006.

Signed Kenneth C. Titus
Resident Superior Court Judge Presiding