There will be no gag order forbidding prosecutors and defense attorneys from speaking to the media about the case against Tyler Michael Miller, the man accused of gunning down his ex-girlfriend and her teenage daughter on Christmas Day west of Kalispell.

Instead, Flathead District Judge Stewart Stadler indicated Wednesday that he would sign an order reinforcing existing rules that prevent attorneys from making statements that could lead to possible prejudice against a defendant.

Miller’s court-appointed attorney Noel Larrivee and Flathead County Attorney Ed Corrigan essentially agreed on the decision during a hearing Wednesday in District Court.

Larrivee asked that a “narrowly drafted” order include wording that reinforces the county attorney’s ability to provide guidance to law enforcement regarding comments to the media.

He said he was not inferring that the County Attorney’s Office has said or done anything inappropriate but was simply protecting his client.

“It’s not intended to impede the media’s right to appear or be involved in any aspect of this case,” Larrivee said.

Larrivee noted that he was the only person in the courtroom who testified at the 1972 Constitutional Convention in favor of what’s known as the public’s “right to know” section of the Montana Constitution. The section ensures the public’s right to attend court hearings and view court documents.

Stadler asked Larrivee to draft a proposed order reinforcing the Montana Supreme Court’s rules of professional conduct and said he would have no problem signing it.

“It does not restrain anything other than what the professional rules of conduct already require,” Stadler said.

Larrivee does hope to prevent the media from attending a July 8 hearing scheduled to address Miller’s request to suppress confessions made following the Dec. 25, 2010, murders.

He submitted a motion on May 16 asking that the suppression hearing be closed to the public and that the records be sealed to prevent possible contamination of the jury pool.

Larrivee said statements made during the hearing could prejudice potential jurors if Stadler decides to suppress Miller’s alleged confessions to law enforcement.

After his arrest, according to court documents, Miller several times admitted shooting 35-year-old Jaimi Hurlbert and her 15-year-old daughter, Alyssa Burkett.

Larrivee argued in a previous filing that those admissions were the result of Miller being high on methamphetamine and that they should not be admitted as evidence.

Deputy County Attorney Lori Adams wrote in a reply filed May 31 that the media should not be barred from attending the July 8 hearing aimed at deciding whether or not the confessions should stand.

She wrote that the information already has been released through charging documents that included Miller’s alleged confessions.

“The newspapers have already printed the statements of the defendant in articles about the case,” Adams wrote.

Miller is scheduled to go to trial in November.

The County Attorney’s Office is seeking the death penalty for Miller, who had his last name legally changed from Cheetham in 2009.

He has been charged with two counts of deliberate homicide and remains jailed in the Flathead County Detention Center without bail.

Reporter Eric Schwartz may be reached at 758-4441 or by email at eschwartz@dailyinterlake.com.