Limitations on public statements by prosecutors

The Illinois Rules of Professional Conduct (promulgated by the Supreme Court and binding on all Illinois lawyers) place limitations on permissible public comments about pending and impending cases by state's attorneys.

In general, the rules forbid a lawyer who is participating in the investigation or litigation of a matter from making any statement out of court if the lawyer should know that public comment would "pose a serious and imminent threat to the fairness of an adjudicative proceeding."

A prosecutor is permitted to state: information contained in a public record; that an investigation of a matter is in progress; and the scheduling or result of any step in litigation. He or she may also request assistance in obtaining evidence and provide information necessary thereto, and warn of danger concerning the behavior of a person involved, when there is reason to believe that there exists the likelihood of substantial harm to an individual or to the public interest.

In particular, in a criminal case, the state's attorney may publicly announce: the identity, residence, occupation, and family status of the accused; if the accused has not been apprehended, information necessary to aid in his or her apprehension; the fact, time, and place of an arrest; and the identity of investigating and arresting officers or agencies and the length of the investigation.

The rules also place a burden on the state's attorney to make sure that investigators, law enforcement personnel, employees, and other assistants or associates do not make public statements that the prosecutor is forbidden from making.

First action: Hedinger dismissed

In an article in Wednesday's Daily Register, Eric Fodor reported:

"State's Attorney David Nelson wasted no time in firing Stephen Hedinger, who was serving former State's Attorney Rod Wolf as an apparently unpaid assistant for landfill matters.

"Hedinger, a Springfield-based lawyer whose official title was assistant state's attorney for environmental affairs, was notified of his dismissal in a letter and facsimile dated this morning.

"Hedinger's primary duty was representing Wolf's office in efforts to keep Saline County Landfill closed, or at least to oppose the landfill's expansion permit, which would allow it to continue operating.

"Nelson is not sure whether he will continue to pursue litigation against Midwest Waste, the parent company of Saline County Landfill. He plans to look over the file and see whether Wolf's case against the landfill has any merit, Nelson said this morning.

"Saline County Landfill's operations have been embroiled in controversy for years, with prospects for both sides in the controversy getting brighter or dimmer with each new twist. As of now, the landfill's 28.9-acre expansion permit -- given the OK by the Pollution Control Board on May 6 -- is the subject of an appeal pending in the Fifth District Appellate Court."