1594
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| Determining if a Commonwealth's Attorney's statements to a newspaper reporter about a pending case constitutes a danger of interfering with the fairness of a trial by jury raises a legal question beyond the Bar's jurisdiction. If a "finder of fact" ultimately determines that the statements did constitute such a danger, the "fact that the matter was not ultimately tried by a jury is not dispositive." [The Bar did not indicate how a finder of fact would be called upon to make such a determination.] [Rule 3.6(a) replaces the "clear and present danger" standard with a "substantial likelihood of interfering with the fairness of the trial by a jury" standard.] |