The NFL has turned the page to Week 5, and there's still no news on Green Bay Packers running back Josh Jacobs' status.
In May, Jacobs was arrested for an incident involving his ex-girlfriend, and in August, he was charged with two misdemeanors – one for battery, one for criminal damage to property. On Aug. 30, the NFL placed the eighth-year running back on the commissioner's exempt list, a form of paid administrative leave that prohibits players from practicing or attending games.
Jacobs reached a plea deal in September, but the NFL's investigation is still ongoing. The running back's time on the exempt list could count toward a suspension retroactively if the league hands down such a punishment after its investigation.
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One of the main reasons for the hold-up in determining disciplinary action against Jacobs is the league's desire to see a video of the incident that led to the running back's arrest.
The victim, Jacobs' ex-girlfriend, has petitioned the court to permanently seal evidence from the case, including the video. Her attorneys argue the sealing of evidence is within her rights under Marsy's Law – a recently added amendment to Wisconsin's state constitution that gives additional rights to victims of a crime – to protect her privacy, dignity and safety.
In late September, the presiding judge denied the request to seal evidence. As a result, the NFL will ostensibly be able to procure the video of the incident via legal means, though there have been no further updates since the judge's decision on Sept. 24.
Josh Jacobs update: Latest news from court case
Jacobs pleaded no contest to misdemeanor battery and criminal damage to property during a court appearance on Thursday, Sept. 10.
As part of an announced plea deal, the 28-year-old was found guilty on the charge of battery and ordered to pay a $1,000 fine plus costs.
For the second charge of criminal damage to property, Jacobs reached a deferred judgment agreement. He will have to meet a list of conditions for the next 12 months in order to have that charge dismissed by the state: no further criminal acts, no contact with the victim, supervision, counseling and restitution payment to the victim.
The presiding judge temporarily sealed the evidence from the case on Sept. 10 after Jacobs' no-contest plea.
On Tuesday, Sept. 15, attorneys representing Jacobs' ex-girlfriend, identified in court documents only as "ANM," filed a motion to permanently seal the evidence and discovery materials. If approved, the motion would prevent the NFL from reviewing surveillance camera footage of the incident as part of its investigation into Jacobs. NFL Media insider Ian Rapoport was the first to report that the league requested access to the video.
On Thursday, Sept. 17, the judge rejected the proposed order to seal the evidence, with online court records citing "improper format." At a follow-up hearing on Sept. 24, the Brown County Court Judge lifted a temporary order that sealed records in the case.
Josh Jacobs case files unsealed
Judge Marc Hammer said Wisconsin open records laws favor public access, according to the Green Bay Press Gazette, part of the USA TODAY Network. The Press Gazette, USA TODAY Sports and other media filed open records requests for video and other documents related to the case, which were denied under the temporary order.
The victim asked for the records to be permanently sealed on Sept. 15, according to the Press Gazette. That request was denied. The Hobert/Lawrence Police Department now has the discretion to "apply a balancing test between the rights of the public, the defendant and the victim in deciding whether to release the records," the news outlet reported. The department's decision can be appealed.
Is Josh Jacobs getting suspended?
Jacobs has been on the commissioner's exempt list since Aug. 30. The exempt list is a form of administrative leave for players in specific circumstances related to criminal allegations, criminal felony or violence charges or possible violations of the NFL's personal conduct policy.
According to the collective bargaining agreement between the NFL and NFLPA, a standard suspension for a domestic violence case is six games. Suspensions can be longer depending on the severity of the case, which is part of why the league is trying to access video of the incident.
If Jacobs were to be suspended, any games he missed while on the commissioner's exempt list would count toward the suspension. The running back would also have to return the salary he earned while on the exempt list and remain unpaid throughout the period he serves his suspension.
The NFL's likely eventual discipline for Jacobs is expected to be determined after his case is closed.
Why is Josh Jacobs not playing?
Jacobs is currently on the commissioner's exempt list, meaning he is forbidden from practicing with the Packers or playing in games.
The NFL placed Green Bay's lead running back on the exempt list on Aug. 30, three days after he was charged with two misdemeanors relating to a May arrest: battery and criminal damage to property, with his ex-girlfriend as the victim. He reached a plea deal earlier this month.
As part of the deal, he was convicted of his misdemeanor battery charge and reached a deferred judgment agreement on the criminal damage to property charge. Jacobs has to meet the following conditions for the next 12 months for the state to move to dismiss the latter charge: no further criminal acts, no contact with the victim, supervision, counseling and restitution payment to the victim.
Jacobs likely also faces discipline from the NFL in the form of a suspension, though the league would announce a punishment only after its investigation is complete.
A standard suspension for a domestic violence case is six games, according to the collective bargaining agreement between the NFL and NFLPA. Suspensions can be longer depending on the severity of the case.
If the NFL suspends Jacobs for six games, his time on the commissioner's exempt list would count toward the suspension. He would be able to return to playing as soon as Week 7's meeting with the Detroit Lions on Oct. 25.
USA TODAY Sports' Nick Brinkerhoff contributed to this report.
This article originally appeared on USA TODAY: Will Josh Jacobs play football this year? Latest news on Packers RB's court case
