National Association of Prosecutor Coordinators

Prosecutors and the Media; Is It Time to Redo Rules 3.6 and 3.8?

By Thomas Robertson, President, National Association of Prosecutor Coordinators
Executive Secretary, Michigan Prosecuting Attorneys Coordinators Council

Crimes are routinely caught on cell phones, amateur videos and network television. Remember the “Malice at the Palace” when several members of the Indiana Pacers went after fans in the stands? Events like the recent terrorist arrests in New Jersey or the tragic murders at Virginia Tech generate extensive media pressure for answers from public officials. Non-traditional news outlets, like blogs, only turn up the heat. Which all leads to the question: is a rule drafted in a time of only three TV networks, and at a time when the print media was king, still relevant and appropriate in 2007?

And if not, how should a DA respond when actual video of the crime is played over and over on cable and the Internet? How do the DA’s comments inflame passions and preclude a fair trial? As a minister of justice, isn’t it possible that the DA’s comments may actually have a calming effect?

As prosecutors throughout the country grapple with their responsibilities as public officials amid the new media reality, prosecutor coordinators are taking the lead in addressing these issues in providing training and guidance for their members. North Carolina just presented a session to its prosecutors on public relations with an emphasis on “Reputation Management,” or “How to Preserve Your Good Name and Standing as a District Attorney.” West Virginia will be providing a similar session to its members this summer. Requests for speakers on prosecution ethics routinely make the e-mail rounds to NAPC members. So, if you have questions about the media and rules 3.6 and 3.8, ask your coordinator. We have a national pool of experts to keep you safely on the bridge over troubled waters.

In the meantime, maybe NDAA and our respective states should be engaging in a constructive dialogue with the ABA and media about Rules 3.6 and 3.8, and how they should be modified for the 21st Century.